LG Poll: OSSIEC, Abioye sue IGP, Osun CP, seek N2b damages

Edo Guber: INEC opens defence as tribunal adjourns to Feb 5 — OSSIEC

The Osun State Independent Electoral Commission (OSSIEC) and its chairman, Hashim Abioye, on Tuesday sued the Inspector General of Police (IGP), Kayode Egbetokun, and the Osun State Commissioner of Police, Mohammad Uma Abba, for the breach of their fundamental rights.

In suit no. FHC/05/CS/41/2025, filed before a Federal High Court in Osogbo, the plaintiffs are also demanding a sum of N2 billion as damages for the breach of their fundamental human rights by the defendants, namely the IGP and the Osun State Commissioner of Police.

The suit, brought in a representative capacity for themselves and on behalf of all members and the entire staff, including ad-hoc staff of the commission, alleges that the defendants breached and continue to breach their fundamental rights through illegal arrest and detention, the unlawful sealing of the commission’s premises, the threat of further arrest and detention, and the illegal seizure of the commission’s properties.

A sum of N2 billion is also being sought as damages against the defendants, among other claims.

According to the originating summons of the suit obtained by The Guardian, the claimants prayed the court for a declaration that, based on the provisions of Chapter IV of the 1999 Constitution:

1. Whether the plaintiffs, generally, severally, and variously, are not entitled to enjoy their fundamental rights to liberty, the right to private life, the right to dignity of the human person, and the right to own movable and immovable property, as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

2. Whether, based on the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the conduct of the defendants was justified in arresting and detaining the plaintiffs’ staff for days in the first place, particularly in relation to the election conducted by the plaintiffs on February 22, 2025.

3. Whether, based on the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the defendants were justified in invading and sealing the plaintiffs’ office and further threatening to arrest the plaintiffs and their staff, particularly in relation to the peaceful, free, and fair election conducted by the plaintiffs on February 22, 2025.

AND TAKE NOTICE that the plaintiffs shall, at the hearing, seek the following reliefs:

1. A DECLARATION that the plaintiffs, generally, severally, and variously, are entitled to enjoy their fundamental rights to liberty, the right to private life, and the right to dignity of the human person, as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights.

2. A DECLARATION that, based on the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the conduct of the defendants was NOT justified in arresting and detaining the plaintiffs’ staff for days in the first place, particularly in relation to the election conducted by the plaintiffs on February 22, 2025. Therefore, the arrest and detention were illegal and unlawful, while the threat of further arrest and/or continued detention of the plaintiffs’ staff by the defendants is also illegal and unlawful.

3. A DECLARATION that, based on the provisions of Chapter IV of the 1999 Constitution of Nigeria (as amended) and the African Charter on Human and Peoples’ Rights, the defendants were NOT justified in invading and sealing off the plaintiffs’ office premises and threatening to arrest the plaintiffs and their staff, in flagrant disregard for their right to private life and liberty, particularly in relation to the peaceful, free, and fair election conducted by the plaintiffs on February 22, 2025.

4. AN ORDER directing the defendants to immediately vacate and unseal the plaintiffs’ office premises and to immediately release the plaintiffs’ staff arrested by the defendants in relation to the peaceful, free, and fair election conducted by the plaintiffs on February 22, 2025.

5. AN ORDER directing all the defendants, jointly and severally, to pay the plaintiffs a sum of N2 billion as damages for instigating the breach and actual breach of the fundamental rights of the plaintiffs and their staff to liberty, dignity, and private life.

Recall that the OSSIEC headquarters had been sealed off by the police a day before the local government elections on Saturday, February 22, 2025, in the state, preventing staff from performing their lawful duties.