Peoples Democratic Party, (PDP), suing alongside with Olakunle Mutiu Okunola, its member, have filed a suit before a Federal High Court, Lagos, seeking the removal of All Progressive Congress (APC), House of Representatives’ member, James Abiodun Faleke, from the lower Chamber of the National Assembly, over double representations.

In the suit marked FHC/L/CS/1680/15, Okunola, a member of the House of Representatives from Lagos State, is seeking a declaration of the court that the nomination of  Faleke, by APC, as its candidate for the House of Representatives’ election of March 28, 2015, representing Federal Constituency 1, Ikeja, Lagos State, and his subsequent nomination by his party as deputy governorship candidate for the November 21, 2015, gubernatorial election of Kogi State, under the Ekinrin Ade Ward of Ijumu Local Government Area, of the state, during his membership of the House of Representatives, amounted to multiple nominations, hence unconstitutional, null, void and of no effect whatsoever, as it is also contrary to section 37 of the Electoral Act, 2010 as amended.

Okunola, with his party, PDP, also want a court’s 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 terminated Faleke’s membership of the Ikeja Federal Constituency and consequently extinguishes Faleke’s continued representation Constituency.

He therefore, sought 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.
 
In addition, Okunola is seeking for an order declaring and compelling Faleke to vacate his seat as a member of the House of Representative representing Ikeja Federal Constituency 1, forthwith from the date of such transfer of membership and data by INEC.
At last Wednesday hearing of the suit, counsel to the plaintiffs, Kingsley Kezie, while moving his application for substituted service on the respondents, informed the court of the inability of the court’s bailiffs to serve the processes of the court on Faleke and other respondents at their various addresses.

He 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.

Joined alongside Honourable Faleke in the suit are APC and Independent National Electoral Commission, (INEC) as second and third respondents respectively.

He therefore, urged the court to grant the application for substituted to effect service on the respondents.
Ruling on the application, Justice Abdulaziz Anka, refused the application to serve Faleke by substitute means.

The judge ruled that Faleke should be served at his present residence in Kogi State while the APC should be served by substituted means.

He thereafter, adjourned the matter to today for report of service