The Speakership position of Hon.
Femi Gbajabiamila has come under intense threat as members of Global Integrity
Crusade Network, GICN under the auspices of Coalition of Civil Society
Organization for Justice and Equity, CCSO-JE, have asked the Federal High Court
sitting in Abuja to order the Independent National Electoral Commission to
withdraw the Certificate of Return issued to Gbajabiamila as member
representing Surulere I Federal Constituency of Lagos State.
Incorporated Trustees of the
Network, in a public interest suit, sought for Gbajabiamila’s seat in the House
of Representative to be declared vacant on account of him purportedly not being
qualified to contest in the 2019 election, having allegedly lied under oath for
purposes of contesting the 2011 election that he was not in the last ten years
before then convicted and sentenced for an offence involving dishonesty.
This group stated that
Gbajabiamila’s claim flies in the face of the judgment of the Supreme Court of
the State of Georgia, USA led by Chief Justice Leah Ward Sears showing that he
was truly convicted on 26th February, 2007 for fraud involving the sum of
$25,000 which the Speaker was said to have collected as personal injury claims
from an insurance company due to one Ms. Hadyatou Barry but failed to disburse
to her in the year 2003 in USA, where he was practising as an attorney.
In its Originating Summons filed
pursuant to Order 3 Rules 6, 7 and 9 of the Federal High Court (Civil
Procedure) Rules, GICN also asked the court to compel the Nigeria Police Force
to arrest and prosecute Gbajabiamila for the offence of perjury having
allegedly lied under oath in EXHIBIT GICN 10, which he submitted to INEC for
purposes of contesting the 2011 General Elections that he was not in the last
ten years before then convicted and sentenced for an offence involving
dishonesty.
Aside Gbajabiamila, who is the
first defendant in the suit, other defendants are the House of Representatives,
Clerk to the National Assembly, the All Progressives Congress, APC, the
Independent National Electoral Commission, INEC, and the Nigeria Police Force,
who are the second, third, fourth, fifth and sixth respondents, respectively.
Meanwhile, the case which came up
for mention on Monday, 17th June, 2019 before Honourable Justice Inyang Ekwo of
the Federal High Court 6, saw Edward Omaga, Esq. leading Abiodun Sodiq
Babalola, Esq. and Joseph Chinelo Nwaegbu, Esq. announcing appearance for the
Plaintiff who was represented in court by their Secretary, Board of Trustees,
John Obor, Esq.
When Omaga sought to move Motion
Exparte seeking abridgement of time, amongst other reliefs, one Barr. Adedeji
with Barr. Ope Adeyemi from Lagos entered appearance for Hon. Femi Gbajabiamila
being the 1st Defendant. They applied to receive service of all the originating
processes on his behalf, thus necessitating withdrawal of Prayer 2 on the
motion paper seeking to serve Hon. Gbajabiamila by substituted means vide
Leadership and Daily Trust newspapers. Meanwhile, as a way of erring on the
side of surplusage the Plaintiff has mobilized bailiff of court to serve all
parties with both the originating processes and Enrolled Order for abridgement
of time.
The Court, whilst adjourning the
suit to Monday, 1st July, 2019 for further mention, ordered the Plaintiff to
serve parties within seven days to enable them to respond within the abridged
period of fourteen days instead of the thirty days allowed by the rules.
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