The Osun State chapter of the All Progressives Congress, APC, has called for the sack of Barrister Hashim Abioye as the chairman of the Osun State Independent Electoral Commission, OSSIEC.
The call by the Osun APC is coming just weeks to the much anticipated local government election in the state, scheduled for Saturday, February 22, 2025.
In a statement issued by Kola Olabisi, the Osun APC Director of Media and Information and obtained by DAILY POST on Sunday, the party hinged its call on the provisions of sections 197(b) 200(1)(a)of the 1999 Constitution, as amended, and contained in the First Alteration Act known as Constitutional Act No 1 dated 6th day of July, 2010.
The party added that Abioye’s appointment as OSSIEC boss by Governor Ademola Adeleke is illegal and unconstitutional.
The APC alleged that Abioye is a bonafide member of the Peoples Democratic Party, PDP.
The statement reads, “The APC, through its counsel, Barristers M. A Kusamotu,R.I.O Oloyede and others filed a legal action before the Federal High Court, Osogbo, Osun State in the suit number FHC/OS/CS/02/2024 to challenge the illegal and unconstitutional appointment of Barr. Abioye who is a bonafide and registered member of the Peoples Democratic Party(PDP) to head the State Electoral Body.
“To show the Honourable court that Barr. Hashim Akintunde Abioye is a registered member of the PDP and on which platform he contested an election into Osun State House of Assembly in the year 2019,counsel for APC applied to the Independent National Electoral Commission(INEC) for certified true copy ( CTC)of Barr. Abioye INEC Form CF001 which he filed, signed sworn to before a Commissioner for Oath of the Osun State High Court of Justice.
“In the certified true copy of the documents released to the APC’s counsel, Barr. Abioye attached his membership card of the PDP as No 021, his political ward as ward 06 , Ifelodun Local Government, Ikirun, Osun State and disclosed the office he was contesting for as Ifelodun State Constituency into the Osun State House of Assembly and the political platform on which he was seeking the election and sponsored him as its candidate as PDP.
“After filling the case, the presiding Judge handling the case was transferred from Osogbo Judicial Division of the Federal High Court to Bayelsa State Judicial Division of the Court and this caused delay in the case as the new Judge who replaced him firstly settled down to go through all the case files he inherited before assigning dates to them.
“Upon giving a new date, the pending motion to amend the plaintiff’s Originating Summons, which was opposed to by OSSIEC and its chairman, Barr Hashim Akintunde Abioye was argued on the 14/11/2024 by R. I. O Oloyede Esq and the Honourable Court reserved the ruling on same to 16/01/2025
“In a well considered ruling delivered on the above date, the Honourable Court discountenanced the Counter – Affidavits in opposition to the application and ruled in favour of APC, granting it leave to amend. In a copy of the Amended Originating Summons quickly filed on same 16/01/2025 after the ruling of the court sighted by various news platforms, APC anchors its case on some constitutional provisions which were breached in the illegal and unconstitutional appointment of Barr. Hashim Akintunde Abioye as the chairman of the State Electoral Body.”
Joined in the case as defendants are: The Attorney General of the Federation and Minister of Justice, the Independent National Electoral Commission, INEC, the Governor of Osun State, the Attorney General of Osun State and Commissioner for Justice, the Speaker of the Osun State House of Assembly, the Osun State House of Assembly, Barr. Hashim Akintunde Abioye, and the Osun State Independent Electoral Commission, OSSIEC.
Reacting to the call for Abioye’s sack, Sadiat Isiaka, OSSIEC Information Officer, also in a statement on Sunday, said there is no cause for alarm as the allegations are false.
The statement read, “From the Information made available by the OSSIEC Legal Department, there are 6 cases in all against the Commission. Two appeals, two at the Federal High Court, two before the State High Court.
“The two appeals were against separate decisions of the Federal High Court sitting in Osogbo delivered by Hon. Justice Ayo Emmanuel on 25th November, 2022 and 30th November, 2022. The two decisions nullified the 2022 local government election, and as a consequence sacked the purported elected council officials who all belonged to the APC.
“Two separate appeals were lodged against the said two separate decisions. The first appeal appeal was filed jointly by the APC and some her purported candidates at the election while the other appeal was against yet another decision of the Federal High Court to the same effect of sacking the purported elected officials.
“The said second appeal had APM, BABARINDE NURUDEEN IDOWU & the APC as the Appellants. On Monday 13th January, 2025, the Court of Appeal sitting in Akure dismissed the appeal jointly filed by the APM, BABARINDE & the APC for reason of abandonment.
“The effect of that decision is that the judgment of the Federal High Court dated 30th November, 2022, nullifying the purported local government elections in Osun State, thereby sacking the purported elected officials, all of whom belonged to the APC, is validly subsisting, appeal against same having been dismissed.
“The two other suits before the State High Court were also filed by the APC. One is for the APC mainly to have some its purported candidates to be on the ballot for the election.
“Note that the said purported candidates were never those submitted by the APC in its list of candidates to the Commission after conduct of primaries. They are battling their way in Court and there is no order stopping the process of the election in anyway. The suit has been adjourned till 10th February, 2025 for hearing.
“The other suit before the State High Court was also filed by the APC challenging the Osun State Independent Electoral Commission (Amendment No.1) Law, 2024, regarding constitution of the Election Tribunals. That suit is yet to be given date and the Commission just got hint of the said latest suit filed on 30/12/2024.”
The statement called on the general public to remain focused as the election process proceeds without hitches.