The Federal High Court sitting in
Abuja, was, on Wednesday, urged to bar a top contender of the Speakership of
the 9th House of Representatives, Femi Gbajabiamila from going ahead with his
ambition.
It was also explained that the
ground for the legal position against Gbajabiamila was because he was allegedly
convicted by a United State of America Supreme Court for fraud.
The court was specifically asked
not to allow the lawmaker to stand for the Speakership election, having been
convicted for fraud to the of $25,000 in which he allegedly failed to disburse
to his then client in 2003 in US, where he was practising as a lawyer.
The plaintiff in the matter,
Philip Undie joined alongside Gbajabiamila, House of Representatives, Attorney
General of the Federation and the All Progressive Congress as defendants in
suit.
In an Originating Summons marked
FHC/ABJ/C/538/2019 brought pursuant to Order 3, Rule 6 and 7 of the Federal
High Court and Section 66 of the 1999 Constitution as emended, the plaintiff
wanted the court to determine whether upon the construction of Section 66 of
the 1999 Constitution and the judgement of the Supreme Court of the State of
Georgia, Atlanta, USA in Suit no. SO6YO829, IN THE MATTER OF FEMI GBAJA, was a
fit and proper person to be elected to the House of Representatives and to the
Office of the Speaker of the House.
The plaintiff, therefore, prayed
the court for an order of injunction restraining the House of Representatives
and APC from accepting the nomination of Gbajabiamila as an aspirant for the
office of the Speaker of the House of Representatives.
He is also praying the court for
an order of injunction stopping Gbajabiamila from parading himself as a member
of the House of Representatives and also an aspirant for the office of the
Speaker of the House.
Similarly, Undie who claimed to
be a taxpayer in Nigeria is further seeking for another order of injunction
restraining the House of Representatives, AGF and APC from recognising
Gbajabiamila as a member of the House and as an aspirant to the Speakership of
House of Representatives.
The suit filed by Ayodele Justice
on behalf of the plaintiff is, however, yet to be assigned to any judge.
In a 25 paragraph affidavit in
support of the Originating Summons and deposed to Plaintiff himself averred
that few days ago, information came to the public domain that Gbajabiamila was
contesting and indeed a leading candidate to the Office of Speaker of the House
of Representatives in the 9th National Assembly , having been endorsed by the
NWC of APC.
He further averred that upon the
information , he deemed it proper to carry out a background check on the
leading candidates for the position if Speaker of the House and that in the
process , he discovered that Gbajabiamila is a lawyer and had practiced in the
USA, particularly, in the state of Georgia.
The affidavit further reads in
part, “that upon further enquiry , I discovered that the first defendant was
convicted and sentenced for fraud and dishonesty in relation to the sum of $25,
000 belonging to a then client of the first defendant for 36 months.
“A certified true copy of the
judgement of Supreme Court of Georgia to that effect issued by Theresa Tee
Barnes , Clerk of the said Supreme Court of Georgia, on 12th day if June , 2015
is hereby attached and marked exhibit A.
“That the judgement was delivered
by the full panel of the Supreme Court of the State of Georgia, comprising of
the Chief Justice of the State of Georgia, Honorable Justice Hugh P. Thompson,
Hon. Justice P. Harris Hines, Hon Justice Robert Benham, Hon. Justice Carol W
Hunstein, Hon. Justice Harold D. Melton, Hon. Justice David E. Nahmias and Hon.
Justice Keith R. Blackwell, on 26th day of February , 2007.
“That it was stated judgement in
the said judgement that the first defendant admits violating Rule 1.15(1) of
Georgia Rules of Professional Conduct set forth in Bar Rule 4-102 (d) is
pleaded.
“That the first defendant
accepted the imposition of a sentence of suspension up to 36 months as a
punishment for fraud and dishonest in relation to the said $25 ,000 and that he
also admitted that he accepted payment of $25,000 as settlement of a client
personal injury cliams , deposited in his Attorney Trust Account in January ,
2003 but failed to disburse same to the client”.
The plaintiff, therefore, prayed
the court to declare that Gbajabiamila is unfit and not the proper person to be
elected as a member of the House of Representatives and as Speaker of the
house.
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