Justice Akintayo Aluko of the Federal High Court in Lagos yesterday dismissed a suit seeking to stop the conduct of local government elections into 37 Local Council Development Areas (LCDAs) in Lagos state, for lacking in merit.
Justice Aluko, in a judgment on the suit filed by some politicians in the state against the Lagos State Independent Electoral Commission (LASIEC) and the State’s House of Assembly, upheld the preliminary objections raised by the defendant against the suit.
The judge held, “The subject matter in the Plaintiffs’ case is a general interest common to all registered members of the public in Lagos state particularly on the right to vote or be voted for.
“The right to vote or be voted for is a general public interest common to all registered members in the state and not peculiar, personal or private to the Plaintiffs.
“Furthermore, the plaintiffs’ affidavit evidence did not reveal which of the local government Areas they come from or whether their wards fall within the alleged balkanised 20 local Government Areas or 37 Local Council Development Areas. There is no credible evidence to show that the Plaintiffs have registered voters or residents in the state.
“This goes to affect their locus standi and also establish the fact that the rights to vote and be voted for which the plaintiffs seek to protect is not their personal, or private right but rather a public right common to all.
As a result of this, the lone issue regarding the jurisdiction of the court to entertain the instant action is resolved in favour of the objectors against the plaintiffs.
“Consequently, I hold that there is merit and substance in the objections raised via the notices of preliminary objection.
“The preliminary objections of the Defendants hereby succeed and are sustained. This suit is accordingly struck out. I make no order as to cost”.