I have followed with great amusement, the decision of the Osun State Independent Electoral Commission (OSSIEC) under the Chairmanship of Otunba Segun Oladitan to conduct the Local Government election in the state and the controversies that followed the announcement notwithstanding the many legal actions that has followed both for and against the decision as the case maybe. OSSIEC as a body is well equipped with the constitutional power to conduct the LG election in accordance with relevant laws of the state and without contradicting the provision of the electoral act 2022 of the Independent National Electoral commission (INEC).
Ordinarily, one would applaud the announcement of the notice of election as a welcome development, coming after several years of running the LG affairs in the state using the caretaker system. However, we must critically examine the algorithm of events that led to the decision of OSSIEC to announce its readiness to conduct the election after several years and how this announcement has birthed series of litigation and counter litigation upon the commission and its expected consequences if the commission goes ahead to conduct the election;
1. The APC-led government in the state have repeatedly claimed lack of adequate financial capability to fund the LG election since coming to government in 2018 and most especially from 2020 citing the negative effect of Covid-19 on the economy of the state.
2. The APC-led government in the state did not make adequate financial provision for the conduct of the local government election in the budget estimate for the financial year 2022.
3. On 23rd June, 2022, the APC-led government in the state announced the elongation of tenure of the LG. caretaker Committee for another 6 months starting July 13, 2022 which will run for another 6 months ending December 2022.
4. The APC-led state government participated and lost the July 16, 2022 election governorship election to the main opposition party PDP in the state, thereby expected to vacate the governance of the state by November 26th, 2022.
5. On the 28th July, 2022, the Osun State house of assembly reviewed and passed the OSSIEC bill into law to allow for LG election in the state.
6. August 16, 2022, OSSIEC announced October 15, 2022 as the date of the conduct of LG election in the state, giving approximately 60 days notice and relying on the OSSIEC bill amended and consequently passed into law by the Osun State House of Assembly.
7. The main opposition to the conduct the of the election from the opposition parties in the state is mainly premise on the fact that there must be a notice of 360 days to be given to political parties and also 180 days for political parties to submit the list of their candidates before the election date as contained in section 28 and 29 of electoral act 2022 respectively.
8. Also, section 151(subsection 1-4) of the INEC electoral act 2022 gives superiority to the INEC electoral act 2022 above the provision of any state’s electoral law especially in areas where there are contradiction in their respective provision as the case may be.
From the above, it is evident from neutral observations (that the popular saying) that “he who pays the piper ultimately dictates the tune”, nonetheless it behoves on us to remind the OSSIEC Chairman that he is expected to be neutral as the head of an organization acting as the umpire and not be made a willing tool to be used by power mongers who will soon become history in the affairs of the state and most importantly that OSSIEC as a body is independent of government interference and is expected to exercise their independence no matter whose ox is gored.
A proper observation of point 7 and 8 above will bring to better understanding of how the planned election cannot stand the test of time of legal scrutiny under the doctrine of illegality which state that “legal actions cannot be founded on illegal acts” which simply means we cannot build something on nothing.
Why is Mr Segun Oladitan now hellbent on going ahead to conduct the election despite all these obvious irregularities and in the face of these many litigations? It would be expected of him as a legal practitioner and one who craves to leave a lasting legacy in the commission and to his referred name to review all these and halt the planned conduct of the election until all these litigations are brought to legal conclusion.
Of what glory would it bring to him or his legacy if after wasting the state’s scarce resources and the court declare the election null and void because it was conducted on illegality ab initio? What will it cost him and the commission to review the date for the election in compliance with the provision of the electoral act? Is it wrong to conclude that he is being used albeit willingly and by his permission by political actors to propagate their personal agenda?
I will leave Otunba Segun Oladitan to ruminate on these and ask himself if it is worth taking this heavy occupational risk over, but I won’t go without reminding him of the great man theory which taught us that “MAN MAKE AN EVENT, EVENT MAKE HISTORY AND HISTORY MAKE A MAN”
How do Otunba Segun Oladitan wants history to remember him?
I am Olalekan Badmus, a public affairs analyst and political commentator from Osogbo, Osun State. (Basletp2@gmail.com)
