By Gbenga Faturoti / Osogbo
The hope of Osun State Government to conduct local government election before next year's governorship election may not materialise after all as the sacked members of the state Independent Electoral Commission (OSSIEC) have threatened to take legal action against the state government and the House of Assembly over the proposed constitution of new OSSIEC.
It would be recalled that Governor Rauf Aregbesola, last week, approved the constitution of seven-member OSSIEC and forwarded the names of the nominees to the state House of Assembly for consideration and approval.
Besides, the state chapter of the Peoples Democratic Party (PDP) faulted the submission of the nominees before the lawmakers, insisting that the party will challenge the lawmakers since the matter is before the Supreme Court.
The sacked members of the OSSIEC had challenged the dissolution of the state electoral body, describing it as unconstitutional and against the electoral law in the state.
They described the constitution of new members by Aregbesola as illegal and contempt of court and warned the governor to reverse the action.
Counsel to the sacked OSSIEC members, Maurice Okediya, in a letter addressed to the Speaker, Osun State House of Assembly, Nojeem Sallam, said "any confirmation of the purported appointment is nothing but towing the path of illegality and a contempt of the court since the matter is subjudice.
In the letter, a copy of which was made available to newsmen in Osogbo said "we are solicitor for Hon. Justice T.A Oyeyemi (rtd), Chief Remi Alabi, Barrister Ezekiel Ogunjuyigbe, Hon. Adebisi Gbolagade, Alhaji Rasaki Adegbite and Surveyor Akinboye Ogunola, the chairman, members and secretary respectively of the Osun State Independent Electoral Commission (OSSIEC) constituted in 2009 and 2010 herein after called our clients.
"We have the instructions of our clients to notify you that the issue of the constitution of OSSIEC is already a matter before the Supreme Court of Nigeria in Abuja in suit No.SC. 102/2013- HON.JUSTICE T.A OYEYEMI (RTD) AND ANOTHER. This honourable House of Assembly is the 2nd respondent in the suit.
"The present attempt to reconstitute OSSIEC and especially any role to be played therein by this House of Assembly which is a party to the suit before the Supreme Court in the screening of the persons named and any confirmation of the purported appointment, is nothing but towing the path of illegality and a contempt of the court.
"As a party to the suit before the Supreme Court, we presume that you know the facts of the litigation on the constitution of OSSIEC which has been on since the year 2009 and presently at the Supreme Court. Your Excellency, and honourable members of the House, may we direct your attention to the well established principle of subjudice, rule and law.
"Once a matter is in court, no action should be done on it until the final determination by the court even if no interim order of injunction is made an enunciated in the case of GOV.OF LAGOS STATE VS OJUKWU(1986 1 NWLRPT. 18) 621 at where the Supreme Court held as once the court is seised of the matter, no party has a right to take the matter into his own hands. The essence of the rule of law is that it should never operate under the rule on force or fear par ESO JSC at page 634…"
