By Omowumi Omotosho
An aspirant for the Chairmanship of Ilorin West Local Government Area under the All Progressives Congress (APC), Afees Hassan Adebayo, has taken legal action againstKwara State Independent Electoral Commission (KWASIEC).
Adebayo’s suit, filed at the Kwara State High Court, asserts that KWASIEC failed to adhere to the notice period required by the Kwara State Local Government Electoral Law, which was amended in 2024.
He argued that according to sections 20 and 21 of the amended law mandate KWASIEC to issue an election notice at least 360 days before the election date, and for political parties to submit their candidates’ particulars no later than 180 days prior.
Adebayo further argued that contrary to the constitutional provision, the notice for the local government election scheduled for September 21, 2024, was published on May 16, 2024, and again on June 15, 2024, providing only 128 days of notice, significantly less than the required 360 days.
Moreover, the timetable requiring political parties to submit nomination forms between July 1 and July 5, 2024, falls short of the 180-day requirement.
In case number KWS/271/24, Adebayo seeks court clarification on these issues: โWhether 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 of Local Government election.
“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 Sections 20 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.
Adebayo projected that the election notice was issued too late, making it illegal and invalid, and that the election process should be cancelled if it proceeds under these conditions.
He asserts that KWASIEC must adhere to the legally mandated timelines to ensure a fair electoral process, emphasizing the importance of proper preparation time for all participants.
