Yayi: Court to stop Lagos West Senator from contesting 2023 election in Ogun

By Dayo Badmus,

A Federal High Court, in Lagos has given Senator Olamilekan Solomon Adeola till Tuesday, June 21, 2022 to show cause, why he should not be restrained from contesting in the 2023 general election.

Justice Ambrose Lewis-Allagoa summoned the senator while granting a motion exparte filed by some aggrieved registered voters and members of the Lagos West Senatorial District, in suit numbered FHC/L/CS/822/2022.

The plaintiffs are: Barrister Sanni Said; Engineer Giwa Tijani Sheu; Chief Adesoji Adepoju Martin’s; Mike Okefuna; Olatunbosun Komolafe; Mrs. Sanni Oluwatoyin; Ibrahim Fatai; Bolaji Durojaiye and AbdulKareem Idowu

While other defendants alongside Senator Adeola are, the Independent National Electoral Commission (INEC); All Progressive Congress (APC) and the National Assembly.

The plaintiffs had approached the court for the Exparte Order, pursuant to order 38 Rule 2 of the Federal High Court (Civil Procedure) Rules 2019 and under the court’s inherent jurisdiction.

The plaintiffs through their counsel, Mr. Seni Adio, SAN, prayed the court for an order of interim injunction restraining APC from submitting the name of Senator Adeola popularly called Yayi, to INEC as its standard-bearer in the 2023 general election while he is still a serving Senator representing their Senatorial District at the National Assembly.

The action they argued, is in breach of the provisions of Sections 6(6)c, 65 of the Constitution of the Federal Republic of Nigeria and Article 2, 9 and 20 of the All Progressives Congress Constitution Section 14 (3) of the Federal Character Commission Act and Section 30 of the Electoral Act 2022 pending the hearing and determination of the originating motion.

Justice Lewis-Allagoa after listened to the Mr. Adio (SAN), ordered, Senator Solomon Adeola, to appear before the court and show cause why he should not be restrained from participating in the 2023 general elections.

Further hearing of the matter has been fixed for June 22, 2023.

The Plaintiffs in their affidavit in support of the Motion Exparte deposed to by Ijaoba Ismaila, stated that recently, Senator Solomon Adeola claimed to receive nomination form to contest the primary election as Senatorial Representing Ogun West Senatorial District, Ogun State, while still a serving Senator representing Lagos West at the National Assembly.

He averred that Senator Adeola subsequently contested the primary elections of the APC in Ogun West Senatorial District on May 27, 2022 despite the pendency of this suit while also still a serving Senator in Lagos West Senatorial District.

The deponent stated that the Senator’s acceptance of the nomination form and by contesting the primary elections in Ogun West while still a Senator Representing Lagos West at the National Assembly is a breach of the provisions of the constitution of the Federal Republic of Nigeria and other enabling statutes regulating the conduct of elections in Nigeria. election in Ogun West Senatorial District, while still a serving Senator representing Lagos West Senatorial District, means abandoning his elected position therefore leaving the people of Lagos West without representation at the National Assembly.

The deponent stated that the Senator has been granting press interviews informing the whole world that he is back to his root and no longer interested in Lagos West, arguing that by virtue of Section 65 of the Constitution of the Federal Republic of Nigeria, to contest election as a Senator in Nigeria, you must be a member of a political party.

He stated that the move to run for election in Ogun West Senatorial District, while still a serving Senator representing Lagos West Senatorial District have no constitutional recognition or validity and it’s a deprival of the rights of people of Lagos West representation in National Assembly.

He stated that due to the declaration of interest to contest election in Ogun West Senatorial District, while still a sitting Senator in Lagos West Senatorial District is pure political prostitution and unknown to our laws.

He stated further that the declaration of interest to contest the elections in Ogun West Senatorial district while still a serving Senator representing Lagos West at the National Assembly will deny the people of Lagos West proper representation in Lagos West Senatorial District in Lagos State.

The deponent stated that since 1999 Senator Solomon Adeola has been representing the Awori people of Lagos State and the same time keeping his vigilance in Ogun West Senatorial District, thereby denying indigenes of Lagos West in Lagos State the right to represent themselves at the offices he has been occupying.

He added that if Senator Adeola is allowed to go ahead and contest the general elections in Ogun West Senatorial District, while still a serving Senator Representing Lagos West Senatorial District in the Senate, it would deprive the plaintiffs and many indigenes and citizens of Lagos West Senatorial District the right to be represented at the National Assembly.

He said the acts of the Senator have caused lack of representation to the people of Lagos West at the National Assembly and as such ‘we are like orphans without senatorial representation’ at the National Assembly and they have suffered damages.

He stated that if the APC is not restrained by the Court from submitting the Senator’s name to the INEC and further participating in the forthcoming general elections in Nigeria it will cause a great embarrassment to Nigeria.

The deponent while making an undertake to pay damages to the Senator if at the end of the day this application ought not to have been granted. Also stated that the Senator will not be prejudiced by the grant of this application and that it will be in the interest of justice to grant this application.