Lagos Assembly aspirant drags APC, INEC to court over illegal substitution

A House of Assembly aspirant in Lagos State, Mr Lateef Olawale Yahaya has instituted a legal action against the All Progressives Congress (APC) and Independent National Electoral Commission (INEC) for allegedly publishing the name of Olanrewaju Ibrahim Layode as the winner of the party’s primary election.

Yahaya, who contested the shadow election with five other aspirants on the platform of the party for Badagry Constituency 1 and won, accused APC of substituting his name with Layode’s as the party’s candidate for the state assembly election.

The plaintiff through his counsels: Kabiru Akingbolu and T.E Olawanle, instituted at Federal High Court, Abuja Judicial Division.

In the suit numbered FHC/ABJ/CS/423/18, APC, INEC and Layode are first, second and third defendants respectively.

In the motion on notice brought pursuant to combined provisions of sections 221 and 222 and other relevant provisions of the Constitutions of the Federal Republic of Nigeria, 1999 (as amended), section 87 of the Electoral Act (as amended), Articles 7 (viii) (ix) and 20 of the APC Constitution by Yahaya’s (plaintiff) counsel Akingbolu, he is praying the court for “an order of interlocutory injunction setting aside the nomination or submission by the 1st defendant to the 2nd defendant of the name of the 3rd defendant as the candidate to represent 1st defendant for the office of a member representing Badagry Constituency 1 at the general election slated for 2019.

“An order of perpetual injunction the 1st defendant at whether by itself, national chairman, officers agents, privies or through any person or persons, howsoever from treating, prosecuting or holding out to the 2nd defendant in particular or to any person at all, as the Candidate representing Badagry Constituency 1 at the general election slated for 2019.

” Restraining 2nd defendant from accepting 3rd defendant as candidate representing Badagry Constituency 1.

“Restraining 2nd defendant from excluding or withholding the name of plaintiff as the candidate representing the 1st defendant for the office of a member representing Badagry Constituency 1 at the general election slated for 2019.

“That the 3rd defendant should not by any means parading or further holding himself out as the candidate representing the 1st defendant for the office of a member representing Badagry Constituency 1 at the general election slated for 2019 pending the hearing and determination of the suit.”

Yahaya, in an affidavit sworn in support of originating summons, stated that six aspirants contested the primary which was held on October 5, 2018.

He said he polled 5003, Layode scored 2443 vote to come second, Hindu Oluwafemi Babatunde got 309 votes, Olaide Masewaku Babatunde scores 293 votes, Bonu Solomon Saanu 253 votes and Gbosede Ezekiel polled 164 votes

“At the end of the election, the result was announced and signed by the primary election committee Chairman and Secretary Barr China Okafor and duly signed by the Returning officer.

“The candidate my name was substituted with came second at the primary election scoring 2443 votes against my score of 5003,” he said.

No fewer than eleven exhibits were presented by the plaintiff in his affidavit to support the originating summons, they include: his APC membership card, party constitution, guidelines for nomination of candidate, receipts for the expression of interest and nomination form, a summary result sheet of the primary election after he was declared winner.



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