Lagos APC lawmaker sues INEC, party over return ticket
A Lagos lawmaker, Famakinwa Adedayo Olufemi, representing Ajeromi-Ifelodun Constituency 1 at the Lagos State House of Assembly, has filed a suit before the Federal High Court, Lagos, asking for an order of mandatory injunction directing the Independent National Electoral Commission (INEC) to accept and treat him as the lawful candidate of the All Progressive Congress (APC) for his constituency in the forthcoming lower legislative election.
The applicant in the suit marked FHC/L/CS/196c/19, joined INEC, Olumoh Lukman and APC as first to third respondents in the suit.
He is also asking the court to declare him as the lawfully recognized and acknowledged candidate of APC in Ajeromi-Ifelodun Constituency 1, Lagos State, in the forthcoming assembly election.
The lawmaker in an originating summon filed before the court by his counsel, Wahab Shittu, is also urging the court to hold that in view of the decision of the Supreme Court in the case of PDP vs Sylva (2012), APC is lawfully entitled to request INEC to reflect his name as its lawful candidate.
He also asked the court for a declaration that since section 31(1) of the Electoral Act 2010, allows his party to sponsor candidate for any election, the party cannot refuse to uphold his candidacy.
The applicant also wants the court to declare that in view of the provisions of Sections 32 and 35 of the Electoral Act, 2010, APC is lawfully entitled to change or substitute the name of Olumoh S. Lukman (2nd respondent) with his name, considering Lukman’s withdrawal in writing for the constituency, conveyed to his party by a letter dated November 30, 2017 and subsequently conveyed by APC to INEC.
Famakinwa also asked an order of injunction restraining 2nd defendant from parading himself as the candidate for the constituency in the forthcoming Assembly election.
Meanwhile, the 2nd respondent, Lukman, in a counter-affidavit filed before the court by his counsel, Abdul Mohammed, stated that the applicant’s claim that he won the primary conducted by APC is false because, he won the primaries and his party duly nominated him as its candidate for the election.
He also averred that he did not write any letter dated November 30, 2018, with the subject “withdrawal of my candidacy for Ajeromi/Ifelodun 1 State Constituency, Lagos State House of Assembly”, and that he did not instruct any person to deliver the said letter to his party.
He stated that the plaintiff would not suffer any injustice if the reliefs he sought for were not granted.
The matter has been adjourned till March 20, for hearing of all applications.
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