An Ogun State High Court has declared as unconstitutional and illegal the administrative fees imposed on candidates by the Ogun State Independent Electoral Commission (OGSIEC) for the upcoming local government elections.
The court’s ruling, delivered on Tuesday by Justice Tajudeen Okunsokan, invalidated the fees, which ranged from N250,000 for male chairmanship candidates to N100,000 for female chairmanship and councillorship candidates.
Justice Okunsokan stated that the charges violated the Nigerian Constitution, calling the fees “unconstitutional, illegal, null, and void.”
The judge further noted that OGSIEC’s guideline requiring payment as a prerequisite for candidacy conflicted with sections 7(4) and 106 of the Federal Republic of Nigeria’s 1999 Constitution.
“There are no two ways to it,” Justice Okunsokan declared. “Paragraph 4(c) of the guideline is unconstitutional and it is hereby nullified.”
Sixteen political parties, including the Peoples Democratic Party (PDP) and Labour Party, had filed suit AB/577/2024 against OGSIEC, challenging the imposition of fees and the election timetable.
OGSIEC cited section 14 of the Ogun State Electoral Law 2006, as amended in 2007, as the basis for its decision.
However, Justice Okunsokan ruled that this section contradicted the Constitution’s mandate for local governance and electoral rights.
“The imposition of administrative fees on candidates as a condition for contesting in the local government elections is inconsistent with our constitutional principles,” Justice Okunsokan emphasized.
“Section 1(3) of the Constitution makes it clear: where any law conflicts with the Constitution, the Constitution shall prevail, and the conflicting law shall be void.”
The court’s ruling effectively nullifies OGSIEC’s mandate for fees in the November 16 local government council elections, affirming candidates’ eligibility without financial barriers.
Justice Okunsokan set aside the administrative fees and reinforced that Nigeria’s Constitution upholds the democratic right to run for office without undue financial burden.
