BY IFEOMA IKEM
A Federal Constituency 1, Lagos state, Mr. Olakunle Mutiu Okunola, People’s Democratic Party, PDP, has filed a suit before a Lagos Federal High Court, seeking the removal of All Progressive Congress’ representative member, Honourable James Abiodun Faleke, from the National Assembly, for double representative.
Okunola in a suit marked FHC/L/CS/1680/15, is seeking a declaration of the court that the nomination of Honourable James Abiodun Faleke, by APC, as its candidate for the House of Representatives election of March 28, 2015, representing the Ikeja Federal Constituency 1 of Lagos state, and his subsequence nomination by his party, APC, as deputy governorship candidate for the November 21, 2015, gubernatorial election of Kogi State, under the Ekinrin Ade Ward of Ijumu Local Government Area, Kogi State, during which his substituting membership of the House of Representative as a member representing Ikeja Federal Constituency 1, amount to multiple nomination, hence unconstitutional, null, void and of no effect whatsoever. It added that such is contrary to section 37 of the Electoral Act of 2010, as amended.
The plaintiff alongside his political party, PDP, also want a court declaration that the transfer of Faleke’s membership from the Ikeja Federal Constituency 1 of Lagos state, to the Ekinrin-Ade Ward of Ijumu Local Government Area, Kogi state, by the Independent National Electoral Commission, INEC, automatically terminate Faleke’s membership of the Ikeja Federal Constituency 1 of Lagos state, and consequently extinguishes Faleke’s continued representation of Ikeja Federal Constituency 1 of Lagos state in the House of Representative of the National Assembly under Section 68(1)(b) of the constitution of the Federal Republic of Nigeria, 1999, as amended 2010.
The PDP House of Representatives candidate also wants an order of the court compelling Honourable James Abiodun Faleke to vacate his seat as a member of the House of Representative of the National Assembly of the Federal Republic of Nigeria,
representing Ikeja Federal Constituency 1, forthwith from the date of such transfer of membership and data by INEC. And further declaration that Falake’s seat in the House of Representative is accordingly vacant.
And an order of perpetual injunction restraining INEC from any further reversal or transfer of Faleke’s voting and membership data from Ekinrin-Ade Ward in Ijumu LGA of Kogi state to the Ikeja Federal Constituency 1 of Lagos state.
Joined alongside Honourable Faleke in the suit are, All Progressive Congress, APC and Independent National Electoral Commission, INEC, as second and third respondents respectively.
At the Wednesday hearing of the suit, counsel to the plaintiffs, Barrister Kingsley Kezie, while moving and arguing an application for substitute service on the respondents, informed the court of the inability of court’s bailiff to serve the processes of the court on Faleke and other respondents at their various addresses.
He also informed the court that all efforts to serve the processes at Faleke’s residence situated at 24, Yetunde Morgan Avenue, Ojodu, Ikeja, has been futile. He therefore urged the court to grant the application for substitute service on the respondents.
Ruling on the application for substitute service, Justice Abdulaziz M. Anka, refused the application to serve Faleke By substitute mean.
The judge therefore ruled that Honourable Faleke should be serve at his present residence in Kogi state. While the APC should be serve by substitute means.
The matter has been adjourned till January 26, for report of service