APC'S SUIT TO HALT OCT 26 KWARA COUNCILS POLLS FOR HEARING ON SEPT 24 by Abioye Olanrewaju in Ilorin

An Ilorin High Court has fixed September 24, 2013 for the hearing of the suit by the Kwara State Chapter of the All Progressives Congress, APC's move to stop the State Electoral body from conducting LG Councils Polls fixed for October 26,2013.
The APC and six of its candidates had dragged the State Independent Electoral Commission, KWSIEC and four others to an Ilorin High Court on grounds that the Council Polls scheduled to hold on October 26 this year runs counter the spirit and letters of the Federal Constitution of Nigeria, the relevant National and State Electoral Acts as well as civil law procedures of the land.
In the Suit No: KWS/251/2013 filed August 23  before Honorable Justice A.A.Adebara of Ilorin High Court, the Claimants are praying the Court to declare any Council Poll held in the 16 Local Governement Area  of Kwara State by October 26 as illegal, null and void for three or more reasons.
In the suit originating summons supported by eighteen paragraph affidavit deposed to by Barrister Ayansola Atolagbe, the Claimants wants the Court to declare the purported forthcoming Poll illegal, null and void for the fact that the Kwara State Independent Electoral Commission, which is the First Defendant in the case failed to sign both the Guidelines and the Time Table the Electoral Umpire issued for the conduct of Local Government Election 2013.
Secondly, the Claimants are praying the Court to restrain KWSIEC, its Agents and Privies from conducting the said Council Polls when the 150 days Notice of the said Election was issued on Tuesday, May 28, 2013 said to be in conflict with the dictates of Section 30 (1) of the Electoral Act, 2010 (As Amended).
The Claimants maintains that conducting the Local Government Councils Election on or before October 26, 2013 pursuant to section 46 of the KwSIEC's Guidelines would disqualify,incapacitate, nullify and violate the Constitutional and legal rights and duties of the APC which is the First Claimants in the case, as a registered Political Party under the 1999 Nigerian Constitution to participate and sponsor candidates in the said Election.
They are praying the Court to declare that the KWSIEC continuing observance and execution of the activities in its issued Time Table and Schedule of Activities and the Electoral Umpire determination to hold the Local Government Election on October 26, 2013 would be denying the APC candidates who are the second to the seventh Defendants in the suit, their Constitutional rights to be voted for under section 7 (4) of the 1999 Nigerian Constitution.
The Claimants wants the Court to determine whether an unsigned document can be taken as authentic and has binding effects in law.
.  The Claimants submitted that Sections 12 - 14 of the KWSIEC Guidelines in the light of the foregoing are unconstitutional when taken against the Constitutional safeguards for eligibility to contest such elections in the 1999 Nigerian Constitution.
The APC and its candidates as Plaintiffs pointed out in their Writ of Summon that Section 21 of the KWSIEC Guidelines in this instance divests High Court of Constitutional jurisdiction and therefore, should be declared unconstitutional, null, void and ineffectual.
The Plaintiffs further faulted KWSIEC resolve to forge ahead with the Council Poll on October 26, on grounds that its this  position contravenes Section 7 (4) and 106 among others of the 1999 Constitution.
The Claimants therefore urged the Court to order KWSIEC to issue a fresh notice of Election in the 16 LGAs in Kwara State pursuant to the Kwara State Electoral.  Law 2013 (*As Amended).
Defendants in the case were the Kwara State Independent Electoral Commission, Peoples Democratic Party, Labor Party of Nigeria, People Democratic Movement and Independent Democrats as 1st - 5th Defendants.
All Progressives Congress has Messrs Ayansola Atolagbe, Olanrewaju Moses Atilol, Zubair Olayinka as 1st - 4th Plaintiffs/Claimants.
Others are Messrs Shola Tajudeen Ajala, Ibrahim Hammed Balogun amd Abdullahi Gobi Mohammed as the 5th - 7th Defendants.