The Federal High Court sitting in Osogbo on Monday adjourned for judgement in a fundamental suit filed by the Osun State Independent Electoral Commission (OSSIEC) against the Inspector-General of Police, the Nigeria Police Service Commission (PSC) over the unlawful deployment of force to frustrate the conduct of the February 22, 2025 local governments election in the state.
Honourable Justice A.A Demi-Ajayi fixed judgment for 17th November, 2025, after taking arguments from counsels for both the claimants and respondents.
The judge disclosed to the open court in the Monday’s proceedings that date for judgement delivery in the suit number: FHC/OS/CS/41/2025 would be communicated to the two parties when it is ready.
The suit, which has the OSSIEC and its Chairman, Barrister Hashim Abioye as plaintiffs urged the court to hold that the action of the Inspector-General of Police and officers of the Nigerian Police in sealing off the commission’s Head office and offices across the state a few hours to the local governments election in the state, the threat to arrest OSSIEC Chairman, and eventually arrests of ad-hoc officers engaged by it, was unlawful.
In the suit, the plaintiffs asked the court to determine “whether the plaintiffs, generally, severally and variously, are not entitled to enjoy their fundamental rights to liberty, right to private life, right to dignity of human person and right to own movable and immovable property as enshrined under Chapter IV of the 1999 Constitution of Nigeria (as amended) and African Charter on Human and People’s Rights.”
They also contended that the action of the Police reflected partisanship and urged the court to declare the arrest and detention of staff of the Commission in the build up to the February 22, 2025 local governments election as illegal and unlawful “while the threat of further arrest and/or continuing detention of the plaintiffs’ staff by the defendants is illegal, unlawful.”
Besides, the plaintiffs argued that the local governments election was approved by the court, having satisfied that there were vacancies across the 30 local government areas of Osun State after a valid notice, and described the conduct of the Police as an affront on the judiciary, which it prayed the court to hold against the IGP and the Police authority by slamming an aggravated damage of N2 billion on them.
The plaintiffs want the court to restrain the IGP or any of its agent to continue to overreach its power by interfering with the Commission’s lawful duties, pleading with the court to grant its request in the interest of justice.
However, the defendants acknowledged the sealing off of the offices of OSSIEC and arrest of its staff, saying the step was a preemptive move to stop the Commission of a crime.
In a counter_affidavit deposed to by Inspector Ogunmokun Abiodun, the Police noted that its action was not carried out arbitrarily but “was founded on the credible suspicion their engagement in actions deemed to have violated the Electoral laws and other applicable laws as opposed to averment contained in paragraph 14 of the plaintiffs’ affidavit.”
He contended that the claimants exaggerated the development as the Police only performed its duty of ensuring peace and order, urging the court to dismiss the suit for being frivolous.
He denied partisanship allegation raised against the IGP and the Police authority by the plaintiffs, noting that it was acting within the scope of constitutional and statutory duties.