Court Refuses To Stop Obanikoro From Contesting PDP Governorship Primary

Court Refuses To Stop Obanikoro From Contesting PDP Governorship Primary

A Lagos State High Court sitting in Ikeja yesterday  declined to restrain a former Minister of Defence, Senator Musiliu Obanikoro, from contesting in the forthcoming governorship primary of the Peoples Democratic Party (PDP) slated for December 8.

The trial judge, Justice Kazeem Alogba instead asked the applicants to put Obanikoro on notice because they failed to convince him of the urgency of the suit to warrant granting the order.

The judge told the applicants that they should have brough the ex parte application along with the originating summons earlier filed on the subject matter on November 14, if there was urgency as was argued by their counsel, Wahab Shittu.

Three members of the party in Lagos have gone before the court urging it to bar former Minister from participating in the party’s forthcoming primaries.

The members, Micheal Babatunde Ogun, Suleiman Olayinka Saheed  and Wasiu Adeniyi Odusan, based their request to the court on the ground that he had allegedly presented a forged documents to the Independent National Electoral Commission (INEC).

In an originating summons filed before the court by the three members, they are praying the court to declare that based on the provision of Paragraph 4 (a) of Part iv of the Electoral Guidelines for primary Elections, 2014, of the INEC, Obanikoro was not eligible to participate in the gubernatorial primary election of the PDP scheduled for December 8, 2014 in Lagos State.

Joined in the suit are the Independent National Electoral Commission and the Peoples Democratic Party, PDP.

While moving the ex parte application on the subject matter, Shittu, submitted that it was expedient to stop Obanikoro in order not to allow for illegality.

"A democracy is principally founded on the rule of law. At all times there are two choices to make, whether you want to be guided by the rule of law or by the culture of impunity. Your Lordship will decide this issue for history and for posterity," Shittu said.

However, the judge in his ruling, said that considering the gravity of the allegations levelled against Obanikoro, it would only be fair to grant him fair hearing before making any such order.

The judge held that it did not believe that the interest of the applicants would be jeapardised in anyway if the court did not make an instant order  restraining Obanikoro from participating in the said primary.

Justice Alogba therefore asked the applicants to serve the respondents with the relevant  processes, including the option of substituted service through either The Punch or The Guardian Newspapers.

The court subsequently adjourned till December 9, a day after the PDP primary, to hear the substantive suit.

The applicants were praying the court to declare that by the provision of Paragraph 4 (a) of Part iv of the Electoral Guidelines for primary Elections, 2014, of the INEC, Obanikoro was not eligible to participate in the gubernatorial primary election of the PDP scheduled for December 8, 2014 in Lagos State.

They also argued that in view of the alleged  age falsification, Obanikoro was not even eligible to contest on the platform of any political party in Nigeria.

They said, "Pursuant to Sections 182(1) (a) (j)  of the 1999 constitution, Sections 31(2), 31 (5) 31 (6) and 31 (8) of the Electoral Act, 2010 and Section 10 (1)  and other relevant sections of the PDP constitution, the 1st respondent stands disqualified by virtue of his antecedents and constitutional provisions."