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A Federal High Court
sitting in Osogbo, Osun State has restrained the Independent National
Electoral Commission (INEC) from using Rufus Oluwatooyin Akeju as the
Resident Electoral Commissioner (REC) of the state. The court further
directed INEC directed INEC to immediately appoint another REC for the
state.

The State chapter
of the Peoples Democratic Party (PDP) had dragged INEC and Mr Akeju
before the court citing allegations of bias against Mr Akeju and
describing him as a “sympathiser” of the Action Congress of Nigeria
(ACN). Mr Akeju hails from Lagos State and is believed to have been
nominated for the post by the Lagos State government.

Presiding judge,
Babs Kuewumi in his ruling restrained Mr Akeju from conducting the
election in Osun State and also restrained INEC from using him in the
state as the REC in the coming elections.

The PDP while
citing Section 14 (3) of the 3rd Schedule to the 1999 constitution
sought for a declaration that Mr Akeju cannot impartially conduct or
supervise the conduct of a credible election in Osun state in April
2011.

The case

In an originating
summons deposed to by the state PDP counsel, Kayode Adesiyan, the party
explained that based on the allegation of bias levelled against Mr
Akeju, the court should order INEC to transfer him from Osun State to
any other state in Nigeria to conduct or supervise the conduct of the
April 2011 general elections and appoint a new REC for Osun State.

The party also asked
for an order of perpetual injunction restraining the 2nd defendant
(Akeju) from conducting or supervising in any manner whatsoever the
conduct of elections into various political positions in April 2011 in
Osun State.

The state PDP
further urged the court to grant, “An order of injunction directing the
1st Defendant (INEC) to appoint forthwith or transfer a new Resident
Electoral Commissioner to conduct or supervise the conduct of April 2011
elections in Osun state”.

In a 28-paragraphs
affidavit in support of the originating summons which was deposed to by a
member of the Elder Caucus of the PDP in Osun state, Raphael Ayotunde
Towobola, he alleged among other things that prior to the appointment of
Mr Akeju as the REC, he had lived and worked in Lagos State as a
Special Assistant in the government of former Governor of Lagos State,
Bola Ahmed Tinubu.

He explained that by
virtue of his former position, he was under the strong influence of Mr
Tinubu, a leader and chieftain of ACN, a political party which is
presently governing Osun State and that he cannot claim to be non
partisan.

Mr Towobola cited an
instance where a member of the ACN in Atakunmosa-East Local Government
during the last registration exercise seized and broke the Direct Data
Capturing Machine and he was promptly arrested by the police but instead
of Akeju to ensure the prosecution of the culprit, he swiftly “directed
the police to release the criminal.”

Presiding judge, Mr Kuewumi adjourned the matter till 6th of April, 2011.