Abuja court hears suit seeking to stop Oyo LG elections, with plaintiff challenging OSIEC’s powers and revised timetable for the 2026/2027 polls.
The Federal High Court sitting in Abuja has begun hearing a legal challenge seeking to prevent the Oyo State Government from proceeding with its proposed 2026/2027 local government council elections.
The suit, instituted by businessman and politician Akinloye Oyeniyi, questions aspects of the electoral process being handled by the Oyo State Independent Electoral Commission (OSIEC) and also seeks to prevent the Independent National Electoral Commission (INEC) from releasing the certified voters’ register for the state to OSIEC for the conduct of the elections.
The matter, filed as FHC/ABJ/CS/1849/2026, came before Justice Obiora Egwuatu on Tuesday.
At the proceedings, the judge directed the plaintiff to ensure that the originating processes and other relevant documents in the case were properly served on the defendants.
Justice Egwuatu subsequently adjourned the matter until September 10, 2026, when the court is expected to receive an update on the service of the court processes on OSIEC and INEC.
Oyeniyi brought the case through his lawyer, Ayo Omoleaupen, with OSIEC and INEC named as the defendants.
The plaintiff, who identified himself as a businessman and politician from Ogbomosho, told the court through a supporting affidavit that allowing the proposed local government elections to go ahead under the disputed arrangements could adversely affect his interests.
He argued that the court should intervene to prevent what he described as a violation of constitutional and statutory provisions governing the electoral process.
According to the plaintiff, granting his request for an interim injunction would not place either OSIEC or INEC at a disadvantage.
He maintained that the defendants would not suffer any meaningful loss if the reliefs being sought were granted, arguing that the balance of convenience was in his favour.
Oyeniyi further contended that the alleged breaches of the 1999 Constitution, as amended, and the Electoral Act, 2026, could not be adequately addressed through the payment of damages.
He therefore urged the court to consider the application as necessary to protect his interest while also ensuring that the electoral process remains within the limits of the law.
A major part of the case revolves around the extent of OSIEC’s authority in relation to candidates put forward by political parties for local government elections.
Oyeniyi is asking the court to determine whether OSIEC’s constitutional responsibility is limited to the verification of documents belonging to candidates nominated by political parties.
He is relying on Paragraph 4(a), Part II of the Third Schedule to the 1999 Constitution, as amended, and Section 153(1) of the Electoral Act, 2026, in making the argument.
The plaintiff wants the court to declare that OSIEC does not have the power to carry out what he described as the verification or screening of candidates contesting for chairmanship and councillorship positions.
He is also challenging the commission’s alleged authority to screen candidates who have been substituted by political parties.
According to the reliefs contained in the suit, the plaintiff believes such activities go beyond the powers assigned to the state electoral commission under the constitutional and statutory provisions he cited.
Another central issue raised in the case concerns the voters’ register that would be used for the proposed local government elections.
Oyeniyi is asking the Federal High Court to restrain INEC, including its officials and agents, from making available to OSIEC the certified register of voters for Oyo State for use in conducting the council elections.
However, the plaintiff’s request is tied to his challenge against two specific provisions contained in OSIEC’s revised electoral timetable.
He is asking the court to prevent the voters’ register from being released until OSIEC removes, cancels or annuls Items 6 and 9 of its Revised Timetable and Schedule of Activities for the 2026/2027 Local Government Councils Elections.
The plaintiff argues that the two disputed items are inconsistent with the provisions of Paragraph 4(a), Part II of the Third Schedule to the Constitution and Section 153(1) of the Electoral Act, 2026.
Beyond seeking an injunction against the release of the voters’ register, Oyeniyi is asking the court to specifically order OSIEC to strike out, cancel or annul the two items in question.
His position is that the continued inclusion of the disputed provisions in the electoral timetable would amount to a continuation of actions he considers inconsistent with the law.
The case therefore places both the powers of the state electoral commission and the implementation of its electoral timetable before the court for judicial consideration.
For now, the Federal High Court has not made any final determination on the substantive claims contained in the suit.
Tuesday’s proceedings were largely focused on ensuring that the defendants are properly served with the processes necessary for them to respond to the action.
The September 10 adjourned date is expected to provide the court with an opportunity to receive the report of service and determine the next step in the proceedings.
The legal challenge comes as preparations continue around the proposed local government elections in Oyo State.
While the plaintiff is seeking judicial intervention to halt aspects of the process, the defendants will have an opportunity to respond to the allegations and arguments contained in the suit once they have been duly served.
Until the court considers the substantive issues and makes appropriate orders, the claims made by Oyeniyi remain allegations contained in his application and have not been judicially established.
The outcome of the case could determine whether the disputed provisions of the revised electoral timetable remain in place and whether the challenged aspects of the local government election preparations can proceed as currently scheduled.
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