In a suit filed by its counsel, Abiodun Fasakin and Tajudeen Akingbolu, the party said the composition of the electoral body contradicted the constitutional requirement for a non-partisan electoral body.

According to a statement by the state Publicity Secretary of APC, Taiwo Olatubosun, the party, which indicated its readiness to participate in the forthcoming December 19 local government elections, maintained that due process must be followed in the composition of the SIEC.

“The APC is not comfortable with membership of the commission, most of who, apart from being PDP card-carrying members, are friends and business associates of Governor Ayodele Fayose,” Olatunbosun noted.

Listed as PDP members by the APC are the SIEC Chairman, Justice Kayode Bamisile (retd.), Olufunke Adeyera, Ganiyu Bello, Mojisola Bankole, Rufus Olaiya and  Olajide Adeyeye.

The defendants include the Attorney-General and Commissioner for Justice and the House of Assembly.

The APC asked the court to declare that the appointment of the fifth to 10th defendants as Chairman and/or members of the third defendant as null, void, illegal and unconstitutional as it violates the provisions of Sections 197, 199 (1) (c) and 200 of the Constitution of the Federal Republic of Nigeria 1999  (as amended).

It also asked for a declaration that the third defendant (EKSIEC), as presently constituted by the first defendant (Fayose), with the 5th to 10th defendants as Chairman and members, is not vested with legal capacity to conduct elections into the various elective offices/positions in the 16 local government areas in Ekiti State.

It also sought for a declaration that the tenure of the hitherto members of the third defendant as constituted in 2011 having not expired, their dissolution by the 1st defendant (Fayose) coupled with the appointment of the fifth to 10th defendants is “null, void and unconstitutional.”

APC thereby sought an order setting aside all steps and/or actions taken by the 1st, 2nd and 4th defendants in the purported appointment and/or confirmation of the appointment of the 5th to 10th defendants.

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