The Federal High Court sitting in Osogbo on Monday adjourned judgment in the fundamental rights enforcement suit filed by the Osun State Independent Electoral Commission, OSSIEC, against the Inspector-General of Police and the Police Service Commission, PSC, over the alleged disruption of the February 22, 2025 local government elections in Osun State.
Honourable Justice A.A. Demi-Ajayi fixed the judgment date for 17th November, 2025, after hearing arguments from counsels representing both the plaintiffs and the defendants during Monday’s proceedings.
The judge informed the open court that the date for the delivery of judgment in the suit numbered FHC/OS/CS/41/2025 would be duly communicated to both parties when ready.
The suit, filed by OSSIEC and its Chairman, Hashim Abioye, challenges the actions of the Inspector-General of Police and officers of the Nigerian Police Force who allegedly sealed off the Commission’s head office and other offices across the state hours before the local government elections on February 22, 2025.
The plaintiffs while alleging that the Police threatened to arrest the OSSIEC Chairman and detained some of the ad-hoc officers engaged for the elections described the actions as unlawful and unconstitutional.
In the originating summons, the plaintiffs asked the court “to determine whether they were not entitled to the enjoyment of their fundamental rights to liberty, private life, dignity of the human person, and ownership of property as guaranteed under Chapter IV of the 1999 Constitution (as amended) and the African Charter on Human and People’s Rights.”
They further “urged the court to declare the arrests and detentions of OSSIEC staff before the February 22 elections as illegal, unlawful, and unconstitutional, and to restrain the Police from making further arrests or harassment related to the exercise.”
The Commission argued that the conduct of the Police amounted to partisanship, noting that the election had been sanctioned by the court after establishing that vacancies existed across the 30 local government areas in the state.
The plaintiffs, therefore, prayed the court to award aggravated damages of N2 billion against the Inspector-General of Police and the Police Service Commission for what they described as an affront to judicial authority.
They also sought an order restraining the Police from interfering in the lawful duties of the Commission or acting beyond its constitutional powers in matters relating to the conduct of local government elections.
However, the defendants, in their counter-affidavit deposed to by Inspector Ogunmokun Abiodun, admitted to sealing OSSIEC offices but described the actions as preventive measures to forestall the commission of a crime.
According to the counter-affidavit, “The action of the Police was founded on credible suspicion of engagement in activities that may contravene electoral and other applicable laws, and not an arbitrary act as alleged by the plaintiffs.”
The Police urged the court to dismiss the suit for lack of merit, describing it as frivolous and baseless.
Inspector Abiodun also denied allegations of partisanship, stating that the Police acted strictly within its constitutional mandate to maintain peace and order.
