The High Court of Ondo State, located in Akure, has decided to postpone the proceedings concerning a lawsuit initiated by lawyer and human rights advocate, Tope Temokun, against the Governor of Ondo State and the Ondo State Independent Electoral Commission (ODIEC), among others.
Previously, the Chief Judge of Ondo State, Justice Segun Odusola, had approved the urgent transfer of the case to the vacation court to expedite its hearing.
However, during the session held on Thursday, overseen by Justice Ajibade, the hearing faced delays due to the late submission of documents by the state.
The defendants, which include the Governor and ODIEC, submitted their legal documents on August 28, 2024, just a day before the scheduled hearing. These documents comprised a Memorandum of Conditional Appearance, a Notice of Preliminary Objection, a Counter-Affidavit, and a Motion for Extension of Time.
Tope Temokun, representing himself, implored the court to treat the matter with urgency, citing the ongoing presence of an unlawfully established Transitioning Committee created by the first defendant, which he argued contravened a recent Supreme Court ruling on local government autonomy.
In contrast, H.M. Falowo Esq., the attorney for the defendants and Assistant Director of the Civil Litigation Department at the state Ministry of Justice, contended that the case did not warrant urgent consideration.
The defendants argued in their counter-affidavit that the delay in holding local government elections in Ondo State was due to political parties and independent candidates failing to submit their names for verification to ODIEC, rather than any intentional obstruction by the defendants.
Temokun challenged this reasoning, questioning why the ruling party, the All Progressives Congress (APC), did not submit its candidates’ names. He asserted that if only one political party managed to submit names, the electoral commission (the third defendant) could still proceed with the elections, even if it meant returning candidates unopposed.
He further claimed that indefinitely delaying the elections, especially with the governorship election set for November 16, 2024, would allow the incumbent governor’s associates to maintain control over local government positions, enabling them to act in the governor’s interest before elections were held.
In her decision, Hon. Justice Ajibade announced that Thursday marked the end of her three-week term as a vacation judge. She determined that it would be prudent to refer the case to the upcoming vacation court for a comprehensive examination of the outstanding motions and potential hearings.
Consequently, the case has been adjourned to resume on September 12, 2024, in the next vacation court.
