Activist Asks Court To Stop July 12 Local Govt Election In Lagos
A lawyer cum human rights activist, Olukoya Ogungbeje, as approached a Federal High Court, Lagos, praying for an order to stop the Lagos State Independent Electoral Commission (LASIEC) from conducting election into 37 Local Government Development Areas (LCDAs) in the scheduled July 12, local government election.
Listed as respondents in the suit marked FHC/L/CS/1108/2025, are: Attorney-General of the Federation and Minister for Justice: LASIEC and Inspector-General of Police (IGP).
The suit according to Ogungbeje, is premised on Sections 1(1)(3); 6 (6)(B); 7 (1) and 8 of the Constitution of the Federal Republic Of Nigeria 1999 (as amended); Order 3 Rule 9 (1) of the Federal High Court (Civil Procedure) Rules 2019 and under the court’s inherent jurisdiction.
The lawyer prayed the court for the determination of the following questions; “A determination of the question whether by the combined effects of the provisions of sections 3 (6) and 7 (1) and 8 (3) (5) and (6) and Part 1 of the First Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and the binding judicial decisions of the Supreme Court of Nigeria in Attorney General of Lagos State Vs Attorney-General of the Federation (2004) 18 NWLR (Pt 904); 1 SC and Attorney General Of The Federation Vs Attorney General Of Abia State & Ors (2024) LPELR—62576 (SC), the 2nd respondent can validly conduct and hold elections into the Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State on the 12th of July 2025 having NOT been constitutionally recognized as Local Government Areas (LGAs) by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A determination of the question WHETHER by the combined effects of the provisions of sections 7 (1) and 162 (1) (3) and (5) and Part 1 of the First Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and the binding judicial decisions of the Supreme Court of Nigeria in Attorney-General of Lagos State Vs Attorney General Of The Federation (2004) 18 NWLR (Pt 904); 1 SC and Attorney General of the Federation VS Attorney General Of Abia State & Ors (2024) LPELR—62576 (SC), the Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State can be funded or draw allocations directly from the Federation account having NOT been constitutionally recognized as one of the Seven Hundred and Seventy-Four (774) Local Government Areas (LGAs) by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended),
“A determination of the question WHETHER by the combined effects of the provisions of sections 1 (1), (2) and (3) and 6 (6) (b) and 36 (1) and 7 (4) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and the binding judicial decisions of the Supreme Court of Nigeria in Attorney General of Lagos State Vs Attorney-General of the Federation (2004) 18 NWLR (Pt 904) 1 SC and Attorney-General of the Federation Vs Attorney-General Of Abia State & Ors (2024) LPELR-62576 (SC), the 2nd Respondent can validly conduct elections into the Thirty-Seven (37) Local Council Development Aleas (LCDAs) in Lagos State on the 12th of July 2028 without any law establishing and constituting the Local Council Development Areas (LCDAs) Tribunal before the holding of the said election
“A determination of the question WHETHER if the above questions are in the affirmative, the holding of any election into the Twenty (20) Local Government Areas (LGAs) and Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State on the 12th of July 2025, is not a nullity and ought to be nullified and declared null and void for being inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria, 1999, (As Amended)
The lawyer thereafter ask the court for the following reliefs: “a declaration that by the combined effects of the provisions of sections 3 (6) and 7 (1) and 8 (3) (5) and (6) and Part 1 of the First Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and the binding judicial decisions of the Supreme Court of Nigeria in Attorney General of Lagos State Vs Attorney General of the Federation (2004) 18 NWLR (Pt 904) 1 SC and Attorney General Of The Federation VS Attorney General Of Abia State & Ors (2024) LPELR—62576 (SC), the 2nd respondent CANNOT validly conduct and hold elections into the Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State slated for the 12th of July 2025 having NOT been constitutionally recognized as Local Government Areas (LGAs) by the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A declaration that by the combined effects of the provisions of sections 7 (1) and 162 (1) (3) and (6) and Part 1 of the First Schedule to the Constitution of the Federal Republic of Nigeria (As Amended) and the binding judicial decisions of the supreme court of Nigeria in ATTORNEY GENERAL OF LAGOS STATE vs ATTORNEY GENERAL OF THE FEDERATION (2004) 18 NWLR (pt 904),1 SC and ATTORNEY GENERAL OF THF FEDERATION vs ATTORNEY GENERAL OF ABIA STATE & ORS (2024) LPELR -62576, (SC) the Thirty Seven (37) Local Council Development Area in Lagos State CANNOT be funded or draw allocations directly from the Federation account having NOT been constitutionally recognized a one of the Seven Hundred and Seventy Four (774) Local Government Areas (LGAs) by the Constitution of the Federal Republic of Nigeria 1999(As Amended)
“A declaration that by the combined effects of the provisions of sections 1 (1), (2) and (3) and 6 (6) (b) and 36 (1) and 7 (1) of the Const tution of the Federal Republic of Nigeria, 1999 (As Amended) anid the binding judicial decisions of the Supreme Court of Nigena in ATTORNEY GENERAL OF LAGOS STATE Vs ATTORNEY GE Ni RAL OF THE FEDERATION (2004) 18 NWLR (Pt 904) 1 SC and ATTORNEY GENERAL OF THE FEDERATION VS ATTORNEY GENERAL OF ABIA STATE & ORS (2024) LPELR—62576 (SU) the 2 Respondent CANNOT validly conduct and hold elections into the Thirty Seven (37) Local Council Development Areas (LCDAs) in Lagos State on the 12th of July 2025 without any law establishing and constituting the Local Council Development Areas (LCDAs) Tribunal before the holding of the said election.
“AN order of the Honourable Court nullifying and voiding any purported elections conducted and or held as planned to be conducted and held by the 2nd Respondent on the 12tg of July 2026 into the Twenty (20) Local Government Areas (LGAs) and Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State being null and void and thus a nullity
“An order of the Honourable Court voiding and sacking ALL the Chairmen and Councilors purportedly elected on account of the elections conducted and held on the 12th of July 2025 by the 2nd Respondent into the Twenty (20) Local Government Areas (LGAs) and Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State.
“AN order of perpetual injunction restraining the respondents jointly and severally whether by themselves, their ministries, agency departments, units, agents, servants Privies, or any officers and men howsoever called deriving authority from therm from conducting any LGA/LCDA elections in Lagos State or releasing ANY funds or statutory allocations until full compliance and obedience to the binding judicial decisions of the Supreme Court of Nigeria and the pov ows of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) on the facts connected with or related to the facts of this case.”
The court has earlier fixed today for hearing of the lawyer’s Exparte motion, on the subject matter.
In the Exparte motion, the lawyer asked for the followings: “AN ORDER of this Honourable Court RESTRAINING the 2” Respondent whether by itself, departments, units, agents, privies, servants, officers, men howsoever so called from conducting and or holding any elections into the Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State slated for the 12″” of July 2025 on ground of grave and serious constitutional infractions pending the hearing and determination of the substantive Originating Summons/suit as filed before this Honourable Court.
“An order of the Honourable Court restraining the 3rd Respondent whether by itself, agents, privies, servants, officers, men howsoever so called from providing any security cover or arrangements for the conduct of any elections into the Thirty-Seven (37) Local Council Development Areas (LCDAs) in Lagos State slated for the 12th of July 2025, by the 2nd Respondent on ground of serious constitutional infractions pending the hearing and determination of the substantive Originating Summons/suit as filed before this Honourable Court.”
However, at the calling of the matter for hearing of the Exparte application, while Ogungbeje alongside Femi Ododo, announced their appearance for the applicant, Blessing M. Joweigha, of Pisces & Gemini Law firm, announced appearance for LASIEC.
The lawyer told the court that they have filed a Memorandum of Appearance in the matter.
Based on the above, Justice Chukwujekwu Aneke while adjourning the hearing of the suit to October 28, 2025, ordered the lawyer to the LASIEC to respond to applicant’s Exparte motion and the originating motion.