Justice Chukwujekwu Aneke of the Federal High Court in Lagos on Friday granted a perpetual order restraining the Independent National Electoral Commission (INEC) from engaging Lagos State Parks Management Committee to distribute 2023 election materials and personnel in the state.
Justice Aneke issued the order while delivering judgment in a suit filed by Labour Party, its governorship candidate, Gbadebo Rhodes-favour and four others.
The judge specifically barred INEC, its privies or any persons acting under its directions from contracting, partnering or appointing Lagos State Parks Management Committee, being controlled by MC Oluomo, or any of its members and drivers to distribute 2023 election materials and personnel in Lagos State.
Other applicants in the suit are African Democratic Congress and Boot Party and their governorship candidates, Mr Funsho Doherty and Wale Oluwo, respectively.
INEC was not represented in the proceedings and did not file a response to the suit.
In his judgment on Friday, Justice Aneke held that: “I have summarised and considered the submissions of the plaintiffs in respect of this Originating Summons. This court will now consider the affidavit evidence of Abass Ibrahim in support of the Originating Summons.
“Paragraphs 1-6 of the said affidavit merely introduced the parties in this suit. In paragraphs 7 and 8 of the affidavit, the deponent deposed to facts which he premised as follows: “1 am aware …and | know …” without giving particulars as to how he was aware of the facts or how he knew the facts and thereby contravening the provisions of Section 115(1), (3) and (4) of the Evidence Act, 2011.”
“Paragraph 9 of the said affidavit, the deponent also did not give particulars of how he came to the knowledge of facts deposed therein, thereby also contravening the provisions of Section 115(1), (3) and (4) of the Evidence Act, 2011.
“Exhibit 1, referred to in paragraph 9 of the said affidavit as the copy of a banner sponsored by MC Oluomo showing his support for APC, its Gubernatorial and Presidential Candidates, is a computer generated evidence being a photograph. It complied with Section 84 of the Evidence Act, 2011 and therefore was admissible in evidence.
“In paragraph 10 of the said affidavit, Exhibit 2, referred to therein to prove the deposition in the said paragraph, is a photocopy of a letter written to the Defendant. It was stamped and received by the Defendant (INEC). Being part of Defendant’s records, it is a photocopy of a public document. Exhibit 2, not being the original letter and not being a certified true copy of a public record, is not admissible in evidence.’’
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