NJC declares Hon. Wareez winner of NAALGS 2022 Election
National Judicial Council Holden at Gbongon had declared Hon. Lukman O. Wareez as the only authentic candidate and winner of National Association of Ayedaade Local Government Students (NAALGS) rerun election that took place on 27th of December, 2022.
This was contained in a court judgement signed by the Deputy Judge, Ipadeola Usman and the Chief Judge Afolabi David and made available to Community Gist.
The content of the judgement reads:
“BEING THE JUDGMENT OF THE NJC DELIVERED ON THE 3OTH OF DECEMBER, 2022.
“This case was commenced by a petition filed by the petitioner in the judiciary council holden at Gbongan December 2022 was for:
“1. Declaration of the candidacy of Hon. Akande Peter O. in the NAALGS 2022 election as null and void
“2. Declaration of Hon. Lukman O. Wareez as the only authentic and lawful candidate in the NAALGS 2022 election.
“3. Declaration of Hon. Lukman O. Wareez as the winner of the NAALGS 2022 presidential election.
“4. All other reliefs as maybe deemed fit by the judicial discretion of the court.
“Whether or not the candidacy of Hon. Akande Peter in the NAALGS 2022 election was valid.
“Whether or not there was compliance with the constitution based on the election conducted by the electoral committee.
“That on the December 27th 2022, a rerun election was conducted by the NAALGS Electoral Committee at CAC Primary School Gbongan Osun State. The 1st respondent was however declared winner of the rerun election by the 2nd respondent having garnered 4 delegates votes while the petitioner garnered 2 votes.
“Dissatisfied with the election result, the petitioner filed a petition dated 28th of December, 2022 to the National Judiciary Council by the virtue of section 11 of the NAALGS constitution. The allegations contained in the petition includes qualification of candidacy, irregularities and fairness.
“Following the service of a summon on the 1st respondent personally which was rejected by him at Obafemi Awolowo University, the 1st respondent failed to cause appearance nor filed a reply to the petition after being properly served for the purpose of fair hearing. Rejection of the summon and default of appearance was stated in the summon to be waiver of right to fair hearing. The 2nd respondent duly acknowledged the petition.
“On the first issue for determination, the representative of the Petitioner Comrade Ajayi Cephas argued that the Hon. Akande Peter was not qualify to contest for any executive position having failed to submit a certified copy of his resignation letter as Honourable member representing Ayedaade in the Students Representative Council of NAOSS National Body to the outgoing president, Comrade Aderele Timilehin.
“He further argued Section 17 (IV) is clear to the effect that no officer of the society shall hold any other office in students’ indigenous association during his or her tenure except with the authorization of the NSRC or Congress. None of this condition was met and the electoral committee cleared him for the election while still serving as an Honourable member representing NAALGS at NAOSS SRC contrary to section 17 (IV).
“The outgoing president served as a witness for the petitioner confirming there was no resignation whatsoever from the 1st respondent.
“AFOLABI DAVID CJ, the 1st respondent is eligible to contest in line with section 7 of the NAALGS Constitution, however, the constitution is clear and frowned against occupying two positions as an officer of the association.
“However, the exception is to have an authorization from the Congress or NSRC which was not done and up till 30th of December, the 1st respondent is a serving honourable representing the association. The electoral commission is not captured to authorize a candidate holding previously holding position for another elective position. Gone are the days where constitution will be disregarded, the electoral committee ought to have disqualified the 1st respondent on this basis until all conditions are fulfilled which was not done.
“On this issue, the petitioner succeeds and 1st and 2nd respondent fail
“On the second issue which is on the compliance of the electoral commission with the constitution in the conduct of the election.
“The Representative to the petitioner cited section 8 that there was sudden destruction of ballot materials by the electoral officials without the consent of the petitioner’s agent. Also, he stated that the MR Memudu Mustapha Kehinde led electoral commission was biased to have made Hon. Akande Peter an administrator of the National Body Whatsapp and also congratulated the 1st petitioner on his victory.
“DEPUTY JUDGE IPADEOLA USMAN, I found this argument as baseless and lacking merit as the election was duly conducted by the NAALGS electoral commission.
“On this issue, the petitioner failed and the 1st and 2nd respondent succeed.
“With respect to the above, I hereby order and declare as follows ;
“1. That the candidacy of Hon. Akande Peter in the NAALGS 2022 was null and void in accordance to section 17 (4) of the NAALGS constitution.
“2. That Hon. Lukman O. Wareez is the only authentic and lawful candidate in the NAALGS presidential election.
“3. That Hon. Lukman O. Wareez is declared as the winner of the NAALGS 2022 presidential election being the only lawful candidate in the election.
“In addition to all the prayers as maybe determined by the NJC, I further order that:
“4. Inauguration of Hon. Lukman O. Wareez must be conducted within 7 days of this judgment.
“5. All association property must be handed over by the outgoing president during inauguration with immediate effect
“6. The electoral chairman, outgoing speaker or the outgoing president must perform the swearing in.
“7. Any other person parading himself after this judgment as president shall be deemed to be impersonation
“8. Copies of the judgment shall be circulated to the local government and state government within 21 days
“9. Copies of the judgment shall publish in national daily newspaper and other media outlets
“10. All authorities shall treat this judgment as valid, binding and final in line with section 11 of the NAALGS Constitution which has given NJC the power to hear election petition in due consultation with the association legal adviser.
“11. A copy of this judgment must be submitted to the association legal adviser in the next 72 hours for acknowledgment and legal recognition.
“IPADEOLA DJ – I agree in totality to the reasoning of the Chief Judge, and I adopt his conclusion as mine.”