Date: 2010-10-26

The suit instituted by the Action Congress of Nigeria (ACN) against the Kwara State Independent Electoral Commission (KWSIEC) has suffered a major setback, as the Federal High Court sitting in Ilorin on Tuesday struck the case out for lack of jurisdiction.

ACN and three other members of the party had earlier instituted the suit at the Federal High Court seeking to restrain KWSIEC from conducting election into the 16 local government councils of the State based on the current voters registered compiled by the Independent National Electoral Commission (INEC).

The party had argued that KWSIEC would not be able to conduct credible election into the local government councils using INEC’s voters register, which it maintained was invalid.

Delivering judgement on the suit, the presiding judge, Justice Olayinka Faji, said the Federal High Court lacked jurisdiction to entertain the matter as local government election, he stated, was a state matter and purely within the purview of the State High Court.

On the inclusion of INEC as a respondent in the matter, Justice Faji averred that it was a misjoinder of party in the case, noting that the main claim in the matter was local government election and only the State High Court has jurisdiction to entertain such.

With this pronouncement by the Federal High Court, the coast is now clear for the conduct of council poll into the 16 local government areas of the State on Saturday.

Reacting to the judgement, a Senator Advocate of Nigeria, Mallam Yusuf Olaolu Ali advised legal practitioners to resist the temptation of rushing to the Federal High Court with cases for which the court lacks jurisdiction.

"We should not create the impression that justice could only come in a particular court, once your case is meritorious, you will get justice in any law court", Ali said.

Mas’ud Adebimpe
Chief Press Secretary to the Kwara State Governor
26/10/2010