Despite Defeat, Obanikoro Challenges Suit Against His Eligibility To Contest PDP Primaries

Despite Defeat, Obanikoro Challenges Suit Against His Eligibility To Contest PDP Primaries

Despite his defeat at Monday's Peoples Democratic Party (PDP), Lagos governorship primaries, Senator Musiliu Obanikoro on Tuesday urged a Lagos State High Court sitting in Ikeja to dismiss a suit challenging his eligibility to contest the primaries and any other future elections.

Obanikoro, in a preliminary objection filed against the suit instituted by three chieftain of the PDP, maintained that since the case against him is premised on forgery and dual citizenship and that since there is no evidence of his trial or conviction for the alleged offences the case ought to be dismissed.

Micheal Babatunde Ogun, Suleiman Olayinka Saheed and Wasiu Adeniyi Odusan had gone before the court, seeking an order of interlocutory injuction restraining Obanikoro from participating in the just concluded December 8, 2014 primaries.

The politicians  has also prayed the court for an order of interlocutory injuction restraning the PDP from nominating Senator Obanikoro to INEC for the purpose of contesting the 2015 governorship elections in Lagos state or any subsequent elections in Nigeria pending the hearing and determination of the originating summons.

Joined as defendants alongside Senator Obanikoro are Independent National Electoral Commission (INEC) and the PDP.

It will be recalled that at the first hearing of the matter, Justice Kazeem Alogba refused to grant an exparte order sought by the applicants thereby paving way for Obanikoro to take part in the primaries.

Also in the notice of preliminary objection to the suit filed on Tuesday, Obanikoro’s counsel, Gbenga Ojo is seeking an order of court striking out or dismissing the originating summons on the ground that it is an abuse of court process.

Ojo is also seeking an order striking out the suit on the ground that it does not disclose a reasonable cause of action.

The lawyer further argued that all documents relied upon by the applicants in the suit are either uncertified public documents or documents printed from internet without authentication of the source or certification.

Ojo also informed the court orally that following the result of yesterday’s PDP primaries in Lagos state, where his client lost, he intends to file a further
application to dismiss the suit as a mere academic exercise.

But the hearing of the application could go ahead because counsels to INEC and the PDP asked for more time to filed their responses.

Based on the request, Justice Alogba adjourned the case till January 14 for hearing of all applications.

He, however, warned that he would not entertain any unnecessary delays from any of the parties in the suit.