Kwara APC Chairmanship Aspirant Drag KWASIEC To Court Over Alleged Electoral Law Violation

Ilorin, Kwara State– Afees Hassan Adebayo, an aspirant for the Chairmanship of Ilorin West Local Government Area under the All Progressives Congress (APC), has filed a legal action against the Kwara State Independent Electoral Commission (KWASIEC).

In a suit filed at the Kwara State High Court, Adebayo alleges that KWASIEC did not comply with the mandated notice period as stipulated by the Kwara State Local Government Electoral Law, recently amended in 2024.

According to Sections 20 and 21 of the amended law, KWASIEC must issue an election notice no later than 360 days before the election date, and political parties must submit their candidates’ particulars no later than 180 days prior.

However, the notice for the local government election, set for September 21, 2024, was reportedly published on May 16, 2024, and again on June 15, 2024. This interval, critics argue, is significantly shorter than the 360-day requirement, with only 128 days between the initial notice and the election date.

Furthermore, the timetable requiring political parties to submit nomination forms between July 1 and July 5, 2024, also fails to meet the required 180-day preparation period.

In suit number KWS/271/24, Adebayo seeks the court’s determination on several critical issues: “Whether by virtue of the provision of Section 20 of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024), the Respondent is not required to give a notice for the conduct of Local Government Election at a period not later than 360 days before the date appointed for holding of election.

” Whether by virtue of the provision of Section 21(1) of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024), every political party is not allowed to submit to the Respondent, the personal particulars of their candidate for the Local Government Election in Kwara State in Form KWSIEC 001 and List of the Candidates, the political party proposes to sponsor at the election in each Local Government Area in Form KWSIEC 002 on a day not later than 180 days before the date appointed for holding ofLocal Government election.

“Whether the election notice published on the 16th May, 2024 or 15th June, 2024in Kwara State by the Respondent for the conduct of Local Government Election to be held on the 21st September, 2024 is not in contravention with the provision of Section 20 of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024) having being published later than 360 days before the date of election and thus, not illegal, unlawful and null and void.

“Whether the period between Monday July 1st and 5th July, 2024 stipulated in the timetable published by the Respondent on the 15th June, 2024 for the political parties to obtain and return nomination forms KWSIEC 01 and KWSIEC 02 for Chairmanship and Councillorship Elections to the Respondent when 21 September, 2024 had been appointed as the date of the Kwara State Local Government Election, is not in violation of Section 21(1) of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024) and thus not incompetent, invalid and illegal for being later than 180 days before the date appointed for the conduct of the election.

” Whether the Kwara State Local Government Election conducted in violation of Sections20 and 21(1) of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024) is not ultra vires, illegal and unlawful and ought not to be cancelled, if conducted.

“A DECLARATION that by virtue of the provision of Section 20 of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024), the Respondent is required to give a notice for the conduct of Local Government Election at a period not later than 360 days before the date appointed for holding of election.

“A DECLARATION that by virtue of the provision of Section 21(1) of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024), every political party is allowed to submit the personal particulars of their candidate for the Local Government Election in Kwara State in Form KWSIEC 001 and List of the Candidates, the political party proposes to sponsor at the election in each Local Government Area in Form KWSIEC 002 to the Respondent on a day not later than 180 days before the date appointed for holding of Local Government election.

” A DECLARATION that the election notice published on the 16th May, 2024 or 15th June, 2024 in Kwara State by the Respondent for the conduct of Local Government Election to be held on the 21 September, 2024 is in contravention with the provision of Section 20 of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024) having being published later than 360 days before the date of election and thus, illegal, unlawful and null and void.

” A DECLARATION that the period between Monday July 1 and 5th July, 2024 stipulated in the timetable published by the Respondent on the 15th June, 2024 for the political parties to obtain and return nomination forms KWSIEC 01 and KWSIEC 02 for Chairmanship and Councillorship Elections to the Respondent when 21 September, 2024 had been appointed as the date of the Kwara State Local Government Election, is in violation of Section 21(1) of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024) and thus incompetent, invalid and illegal for being later than 180 days before the date appointed for the conduct of the election.

“A DECLARATION that the Kwara State Local Government Election conducted in violation of Sections 20 and 21(1) of Kwara State Local Government Electoral Law, CAP. K32 of Kwara State Law (as amended in 2024) is ultra vires, illegal and unlawful and ough cancelled, if conducted.

” That the Respondent is a body corporate established by law with a mandate to conduct the Local Government and Ward Elections across Kwara State under the relevant and enabling laws.

“That the extant law regulating the Local Government Electoral processes in Kwara State requires the Respondent, Kwara State Independent Electoral Commission (KWSIEC) to issue a minimum of 360 days notice of elections to all the prospective participants like me to enable us proper preparation for the election.

“That on the 16th day of May, 2024, the Chairman of the Respondent, Mr. Okanla Baba issued a press statement intimating the public of the Respondent’s intention to conduct the Kwara State Local Government Election on the 21st day of September, 2024. A copy of the online publication is hereby attached and marked as Exhibit 1.

“That on the 15th day of June, 2024, the Respondent made another publication notifying the public of the details of the election she intended to conduct which also includes timetable for various electoral activities such as submission of the personal particulars of political parties’ candidates for the Local Government Election in Kwara State in Form KWSIEC 001 and List of the Candidates, the political parties propose to sponsor at the election in each Local Government Area in Form KWSIEC 002 to the Respondent. A copy of the online publication is hereby attached and marked as Exhibit 2.

“That by notice of election contained in Exhibit 1 published on the 16th day of May, 2024, I know as a fact that the notice of election for the conduct of Kwara State Local Government election was published later than 360 days before 21 day of September, 2024, a date appointed for the conduct of the election.

“That I know as a fact that the interval between 16th day of May, 2024 when Exhibit 1 containing the notice of election was published and 21 day of September, 2024, the appointed to conduct the Local Government Election in Kwara State by the Respondent is 128 days.

The lawsuit, which names KWASIEC as the defendant, claims that the electoral body failed to provide adequate notice to candidates and stakeholders ahead of the upcoming local government elections.

According to Adebayo’s legal team, the omission undermines the electoral process and violates the rights of candidates and voters alike.