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12th April, 2022
OUR REF: FEE/ODIEC/04/22
THE CHAIRMAN
ONDO STATE INDEPENDENT ELECTORAL COMMISSION
ALAGBAKA, AKURE
ONDO STATE
Dear Sir,
DEMAND TO COMPLY WITH JUDGMENT IN SUIT AK/EPT/01/2021: OJO BUSOLA & ANOR. VS LAWAL KEHINDE & 2 ORS., DELIVERED BY THE LOCAL GOVERNMENT ELECTION PETITION TRIBUNAL ON 21ST JANUARY 2022, AND UPHELD ON APPEAL BY THE HIGH COURT ON 28TH MARCH 2022
We are Attorneys to Mr. Ojo Busola (ADC candidate) (“Our Client”), the 1st Petitioner in the Petition described above, wherein the Commission was sued as the 3rd Respondent.
In its judgment delivered on 21st January 2022, the Local Government Election Petition Tribunal nullified the Igbara-Oke Ward 1 Councillorship Election of 10th November, 2021, and ordered the Commission to conduct a fresh election. We have annexed a certified true copy of that judgment as DOC 1.
Subsequently, Lawal Kehinde and the All Progressives Congress (APC), who were the 1st and 2nd Respondents in the Petition, filed separate appeals against that judgment. The High Court dismissed the two appeals in its rulings delivered on 28th March 2022. We have annexed certified true copies of those rulings as DOC 3 and DOC 4 respectively.
By virtue of S. 28(3) of the 5th Schedule to the Local Government Administration, Conduct of Local Government Election and Allied Matters Law, Cap. 87, Vol. 2, Laws of Ondo State, 2006, the fresh election must be conducted within ninety (90) days from the determination of the Appeal.
Without question, the matter has been determined with all finality and the Judgment of the Tribunal remains valid, by necessary implication.
Consequently, we demand that the Commission conduct fresh elections, in compliance with the Judgment of the Tribunal, and in line with the extant provisions of the Law.
Regards.
Yours faithfully,
A.A SOLAGBADE