By Sandra Umeh
Lagos, Feb. 20, 2019 A Lagos State lawmaker, Mr Famakinwa Adedayo, has asked a Federal High Court in Lagos to direct INEC to accept him as the lawful APC Candidate for his constituency in the forthcoming House of Assembly Election.
Adedayo, a member of the APC – All Progressives Congress – represents Ajeromi-Ifelodun Constituency 1 at the Lagos State House of Assembly.
In a suit marked FHC/L/CS/196c/19, he joined as defendants, INEC – Independent National Electoral Commission – Mr Olumoh Sa’adu Lukman and the APC, as the first, second and third respondents, respectively.
He is asking the court to declare him as the lawful APC Candidate for Ajeromi-Ifelodun Constituency 1, Lagos State, in the forthcoming general elections.
In his originating summons, the plaintiff is urging the court to hold that APC is lawfully entitled to request INEC to reflect his name as its lawful candidate in respect of Ajeromi-Ifelodun Constituency 1.
On Wednesday, his counsel, Mr Wahab Shittu, informed the court that all parties in the suit had been served with court processes.
He told the court that the second defendant had responded while the other respondents had yet.
He added that parties were within the time frame to file responses.
In a response, Mr Abdul Mohammed, counsel to the second defendant, told the court that he had filed a counter-affidavit as well as a notice of preliminary objection to the suit.
After arguments and counter-arguments on the regularisation of processes filed before the court, Justice Mohammed Aikawa fixed March 20 for hearing.
In the suit, Adedayo seeks a declaration, that INEC is not entitled to refuse his candidacy for the constituency as requested by his party in a letter dated Nov. 30, 2018.
The plaintiff also wants the court to declare that in view of the provisions of Sections 32 and 35 of the Electoral Act, 2010, APC is lawfully entitled to substitute the name of Olumoh Lukman (second respondent) with his name, considering Olumoh’s withdrawal in writing.
He is, therefore, asking the court for an order reinstating him as the lawful candidate of the APC for the purpose of the forthcoming House of Assembly Election.
He wants an injunction restraining the second defendant from parading himself as the APC candidate for the constituency in the forthcong election.
Meanwhile, in a counter-affidavit, counsel to the second defendant stated that the plaintiff’s claim to have won the primary election conducted by the APC was false.
He averred that he won the primary election and was duly nominated by the APC as its Candidate for the election.
He said that he did not write any letter dated Nov. 30, 2018, to withdraw his candidacy for Ajeromi/Ifelodun Constituency I, Lagos State, adding that he did not instruct anyone to deliver same.
The respondent also said that contrary to the depositions in the plaintiff’s originating summons, he was not aware of any stakeholders’ meeting held in Lagos.
He said that no injustice would be done to the plaintiff, if the reliefs he sought would not be granted.
Edited by Edwin Nwachukwu/Ijeoma Popoola