An Ogun State High Court sitting in Abeokuta, the Ogun State capital has nullified the imposition of administrative charges on candidates by the Ogun State Independent Electoral Commission, INEC, for the forthcoming local government election in the State.

The presiding Judge, Justice Tajudeen Okunsokan, in a judgment delivered on the Tuesday described the imposition of the administrative charges as unconstitutional, illegal, null and void.

The Judge also set aside the imposition of the fees as a condition for participating in the election as a candidate.

16 political parties including Peoples Democratic Party of Nigeria, PDP; Labour Party; African Democratic Party, ADC; amongst others, had in suit number AB/577/2024 challenged the imposition of administrative charges and the time table released by OGSIEC.

OGSIEC had, by the provisions of the section 14(1) (2) of the Electoral Law of Ogun State 2006 as mended by the Electoral (Amendment) law 2007, imposed prescribed fee on every candidate without which the nomination shall be invalid.

Justice Okunsokan held that Section 14 of the Electoral Law is in conflict with the provisions of section 106 of the constitution of the Federal Republic of Nigeria.

Also in Paragraph 4(c) of the ‘Local Government Election Guideline’, it was provided that ‘Any political party fielding a candidate for either chairmanship or councillorship positions, during the elections, shall pay a non-refundable administrative fee per candidate as prescribed by the Commission.’

With the provision, Justice Okunsokan held that the OGSIEC has subtly introduced a condition which is contrary to the provisions of section 7(4) and 106 of the constitution.

“The fact that the condition is not stated under paragraph 5 of the guideline does not derogate from the fact that it is one of the qualifications to contest in the election.

“There are no two ways to it, paragraph 4(c) of the Guideline is unconstitutional and it is hereby nullified,” Justice Okunsokan held.

According to him, section 1(3) of the constitution of the Federal Republic of Nigeria stated that if any law is inconsistent with the provisions of the constitution, the constitution shall prevail and the other law shall be void.

“No doubt, section 14 of the Electoral Law of Ogun State 2006, as amended by the Electoral (Amendment) Law of Ogun State 2007, is impari materia with the provisions of section 14 of the Electoral Law of Ogun State 2001.

“However, for the avoidance of doubt, section 14 of the Electoral Law of Ogun state 2006, as amended by the Electoral (Amendment) Law of Ogun State 2007, in in view of its inconsistency with provisions of section 7(4) and 106 of the constitution of the Federal Republic of Nigeria 1999 (as amended) null and void and of no effect.”

He said further, “In the final analysis, this Originating Summons succeeds in part as Reliefs one and two are meritorious while Reliefs three and four lacks merit.

“The imposition of the payment of administrative fee in the sum of N250,000 on each Male Chairmanship candidate, N150, 000 on each of Councillorship candidate and N100,000 on each Female Chairmanship or Councillorship candidate contesting in the Ogun State Local Government Council Elections slated for 16th November 2024 on the platform of the Claimants is unconstitutional, illegal, null and void.

“The imposition of the payment of administrative fee in the sum of N250,000 on each Male Chairmanship candidate, N150, 000 on each of Councillorship candidate and N100,000 on each Female Chairmanship or Councillorship candidate contesting in the Ogun State Local Government Council Elections slated for 16th November 2024 on the platform of the Claimants is hereby set aside.”

An Ogun State High Court sitting in Abeokuta, the Ogun State capital has nullified the imposition of administrative charges on candidates by the Ogun State Independent Electoral Commission, INEC, for the forthcoming local government election in the State.

The presiding Judge, Justice Tajudeen Okunsokan, in a judgment delivered on the Tuesday described the imposition of the administrative charges of between N250, 000 and N100, 000 on candidates as unconstitutional, illegal, null and void.

The Judge also set aside the imposition of the fees as a condition for participating in the election as a candidate.

OGSIEC had, by the provisions of the section 14(1) (2) of the Electoral Law of Ogun State 2006 as mended by the Electoral (Amendment) law 2007, imposed prescribed fee on every candidate without which the nomination shall be invalid.

Justice Okunsokan held that Section 14 of the Electoral Law is in conflict with the provisions of section 106 of the constitution of the Federal Republic of Nigeria.

According to him, section 1(3) of the constitution of the Federal Republic of Nigeria stated that if any law is inconsistent with the provisions of the constitution, the constitution shall prevail and the other law shall be void.

“No doubt, section 14 of the Electoral Law of Ogun State 2006, as amended by the Electoral (Amendment) Law of Ogun State 2007, is impair material with the provisions of section 14 of the Electoral Law of Ogun State 2001.

“However, for the avoidance of doubt, section 14 of the Electoral Law of Ogun state 2006, as amended by the Electoral (Amendment) Law of Ogun State 2007, in in view of its inconsistency with provisions of section 7(4) and 106 of the constitution of the Federal Republic of Nigeria 1999 (as amended) null and void and of no effect.”

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