A group of Lagosians from Lagos West Senatorial District on Wednesday filed an originating summons before a Federal High Court Lagos, asking the court to order immediate removal of Senator Solomon Olamilekan Adeola (YAYI), representing Lagos West Senatorial District at the Nigerian Senate, having declared his intention to contest for the same office at Ogun West Senatorial District in the neighbouring Ogun State under the ruling All Progressives Congress (APC).
The summon reads: “TAKE NOTICE that the Plaintiffs are seeking the interpretation of the constitution in respect of the 1st Defendant’s declaration of intention to contest as Senator representing Ogun West Senatorial District while still a sitting Senator representing Lagos West with the 4th Defendant. The Plaintiffs are canvassing that the Defendants have flagrantly contravene and infringed upon the provisions of the constitution in accepting to contest the primary elections of the 3rd Defendants in Ogun West while still a sitting senator of the 3rd respondents in Lagos West rather than resigning his seat with the 4th Defendant before declaring to contest in Ogun West using the 3rd Defendant as a cover and being abated by the 2nd Defendant. The process and procedure were not in accordance with the law. The Plaintiffs pray for the determination of the following questions and claims the reliefs hereunder stated”.
The plaintiffs are Barrister Sanni Saidi, Engr Giwa Tijani Sheu, Chief Adesoji Adepoju Martins, Mike Okefuna, Olatunbosun Komolafe, Mrs Sanni Oliwatotin, Ibrahim Fatai, Bolaji Durojaiye, and Abdul Kareem Idowu.
Joined as defendants with Senator Adeola are Independent National Electoral Commission (INEC), APC, and the National Assembly.
The plaintiffs asks the court to determine the following issues:
A DETERMINATION of the question whether the declaration of Intention to contest as senator representing Ogun West in the National Assembly while still a serving Senator Representing Lagos West by the 1st Defendant is NOT in conflict with the provisions of the constitution of the Federal Republic of Nigeria, the constitution of the 3rd Respondents and the Act regulating the 2nd Defendant.
A DETERMINATION of the question whether the failure of the 1st Defendant to resign before declaring intention to contest the primaries as senator representing Ogun West is not at variance the provisions of the constitution of the Federal Republic of Nigeria, the constitution of the 3rd Respondents and the Act regulating the 2nd Defendants.
A DETERMINATION of the question whether the provisions of the constitution of the Federal Republic of Nigeria, the constitution of the 3rd Respondents and the Act regulating the Defendants with respect to the qualification to be a Senator of the Federal Republic of Nigeria are not binding on the 1st Defendants.
A DETERMINATION of the question whether if the above questions are in the affirmative, the declaration to contest election in Ogun West while still a serving senator representing Lagos West ought not be declared unconstitutional and set aside for being null and void and fundamentally contrary and at variance with the constitution of the Federal Republic of Nigeria, constitution of the 3rd Respondents and the Act establishing the 2nd Respondents.
They therefore ask the court for the following reliefs:
A DECLARATION that the declaration to contest the primary election as member representing Ogun West at the National Assembly while still a serving senator representing Lagos West at the National Assembly is unlawful, unconstitutional, illegal, null and void and a violation of the provisions of the Federal Republic of Nigeria, Act of the 2nd Respondents and the constitution of the 3rd Respondents.
A DECLARATION that the failure of the 1st Defendant to personally resign before declaring intention to contest primary election as Senator representing Ogun West in the National Assembly is wrongful, illegal, unlawful, unconstitutional null and void as it violates the provisions of the Federal Republic of Nigeria, Act of the 2nd Respondents and the constitution of the 3rd Respondents.
A DECLARATION that the purchase of nomination form to contest in the Senate as Senator representing Ogun West while still a sitting Senator Representing Lagos State in The National Assembly is unlawful, illegal, unconstitutional and a flagrant violation of the provisions of the Federal Republic of Nigeria, Act of the 2nd Respondents and the constitution of the 3rd DECLARATION that the provisions of the Constitution in respect of participating in elections to the 4th defendants have binding force and effect on the 1st Defendants and ought to be complied with strictly.
AN ORDER nullifying the declaration of intention to contest in Ogun West by the 1st Defendant as unlawful null and void.
AN ORDER compelling the 1st Defendant to vacate office as Senator Representing Lagos West forthwith.
AN ORDER compelling the 1st Defendant to return all the salaries, entitlements, allowances and or emoluments received while in office as Senator Representing Lagos West to the treasury of the Lagos State Government forthwith.
AN PERPETUAL INJUNCTION restraining the Defendants whether by themselves, their privies, officers, servants, or agents from further breaching, infringing and or violating the provisions of the constitution of the Federal Republic of Nigeria on any fact connected with or related to the facts of this case.
In a 34 paragraph affidavit sworn to by Sanni Saidi, the first plaintiff, who claimed he and his co plaintiffs are registered voters in Lagos stated that the first defendant granted a press interview accepting to represent Ogun West in the National Assembly in 2023 and accepting to participate in the primaries of the 3rd Defendant slated for May 2022 in Ogun West while still a member of Senate representing Lagos West in the National Assembly.
He further averred that he knew as a fact that Sen Adeola, popularly known as Yayi is an APC member and a registered voter in Lagos state.
“The 1st Defendant became a member of the Senate from Lagos State having being a member of the party in Lagos State and a registered voter in Lagos state. He had been bragging and addressing several press interviews that he is set to return to his root and contest in Ogun West as a senator while he is still a serving senator in Lagos State”, he further stated, adding that Sen Adeola had also been campaigning and canvassing for vote in Ogun West, abandoning his course of duty as a legislator in Lagos West and transferring his duty to Ogun State without being elected as a member of the Senate in Ogun West”.
He stated futher: “I know as a fact that it is wrong both in equity and law for the 1st Defendant to go ahead and canvas for vote in Ogun West when he is still a member of the party in Lagos State and a registered voter in Lagos State. The 2nd Defendant has kept quiet since she got the knowledge of the 1st Defendant canvassing for vote as a member of senate in Ogun West while still a senator representing Lagos West at the National Assembly;
His declaration to contest primary election at the house of Senate without being a member of the party in Ogun West nor a registered voter in Ogun West is contrary to the constitution of Nigeria, repugnant to Natural Justice, equity and good conscience”.
Sen Adeola’s declaration to contest in Ogun West, while still in the Federal House of Senate representing Lagos West sparked violence, protest, uproar, press releases (counter press releases) and threat of words in both Lagos West and Ogun West Senatorial district, according to the affidavit.
He stated further: “The 2nd Defendant has been boasting and bragging and at the same time quiet and indifferent on whether the 1st Defendant can contest in the said election or not and is also going ahead with sponsoring the 1st Defendant for primary election in Ogun West knowing fully well that the 1st Defendant is a serving senator in Lagos West. There has been grave constitutional infraction in the declaration to contest election in Ogun West while still a serving Senator in Lagos West and a member of the Party in Lagos West;
The Defendants did not comply with the mandatory provisions of the institution of Nigeria the 3rd Defendant constitution and the act establishing the 2nd defendant. The 1st Defendants have flagrantly violated the provisions of the constitution in supporting the bid of the 1st Defendant to transfer his representation to Ogun West while still representing Lagos West with the 4th Defendant;
The provisions of the constitution have not been strictly followed by the 1st Defendants and supported by 2nd – 3rd defendants in accepting to contest in the Senate for Ogun West while still a serving Senator in Lagos West. The failure of the 1st Defendant to personally resign from the Senate (representing Lagos West) while still canvassing vote for Ogun West is a flagrant breach of the provisions of the constitution. The 1st Defendants have rode roughshod on the provisions of the constitution;
This is what has precipitated this application”, the first plaintiff concluded.
