13 Years After Court Order On Oyo Assembly Seat: NDC Reps Candidate, Ayo Akinyemi, Tackles INEC Over Failure To Enforce 40-Seat Court Judgment

A House of Representatives candidate of the Nigeria Democratic Congress, NDC, for Iseyin/Itesiwaju/Iwajowa/Kajola Federal Constituency in the 2027 general election, Comrade Ayo Akinyemi, has raised alarm over the continued non-implementation of a Federal High Court judgment that ordered the enlargement of the Oyo State House of Assembly from 32 to 40 members.

Comrade Akinyemi described as disturbing and unconstitutional that 13 years after a court of competent jurisdiction declared the Oyo State House of Assembly improperly constituted, the Independent National Electoral Commission, INEC, has failed to make the eight restored constituencies operational.

Recall that Hon. Justice A. O. Obaseki-Adejumo of the Federal High Court, Ibadan Judicial Division, had on Friday, 8th March, 2013 delivered the judgment in a suit number: FHC/IB/CS/39/2012 between the Plaintiff and INEC and the Attorney General of Oyo State

The eight restored constituencies listed in are; Ibadan North III, Ibadan South-West III, Ibarapa Central, Irepo, Itesiwaju, Oyo East, Saki East and Surulere.

In the Originating Summons, the plaintiff asked for determination of two questions:

Whether in view of Sections 91 and 112 of the 1999 Constitution, the Oyo State House of Assembly consisting of less than three or four times the number of seats which Oyo State has in the House of Representatives is properly constituted.

Whether the letter dated 2nd June, 2004 addressed to the Clerk of the National Assembly by INEC as to the restoration of 8 suppressed Oyo State constituencies is lawful, valid and subsisting.

Justice Obaseki-Adejumo, after reviewing the affidavit evidence and Exhibit ‘A’ – the letter from INEC Chairman dated 2nd June, 2004, held that the Oyo State House of Assembly is not properly constituted.

The court held that Section 91 and 112 of the 1999 Constitution are clear and mandatory: a State House of Assembly must have seats equal to 3 or 4 times the number of Federal Constituencies in the state. With 14 Federal Constituencies in Oyo State and only 32 State Constituencies, the formula gives 10.6 or 8, which should make it 40 members, not 32.

“I have no hesitation in holding on the above analysis that the Oyo State House of Assembly is not properly constituted and I so hold,” the judge declared.

On the second issue, the court held that the INEC letter of 2nd June, 2004 restoring the 8 constituencies is lawful, valid and subsisting and that National Assembly approval is not needed because it was a restoration of suppressed constituencies, not a fresh delimitation or boundary alteration under Sections 114 and 115 of the Constitution.

Consequently, the court granted a declaration that the Oyo Assembly is not properly constituted and an order directing INEC to make the 8 constituencies operational forthwith, thereby increasing Oyo State constituencies from 32 to 40, and to conduct bye-elections where necessary.

Reacting to the development, Comrade Akinyemi, whose constituency includes Itesiwaju, Irepo and Saki East three of the suppressed constituencies said the continued suppression is a denial of democratic representation for people in the Oke-Ogun area and other affected zones.

“How can a court give a clear order in 2013 that Oyo State should have 40 constituencies as required by the Constitution, and in 2026 we are still operating with 32? The people of Itesiwaju, Saki East, Irepo, Ibarapa Central, Surulere, Oyo East, Ibadan North III and Ibadan South-West III have no proper representation. This is unconstitutional and unjust,” Akinyemi stated.

He called on INEC, the National Assembly, the Oyo State Government and all stakeholders to immediately enforce the judgment before the 2027 general elections to give fair and equal representation to the affected constituencies.

He warned that going into another election cycle with 32 constituencies when the law says 40 will be a deliberate subversion of the Constitution and the rights of the people.