A Federal High Court in Lagos on Friday pronounced Wasiu Sanni the lawful flag-bearer of the All Progressives Congress representing the Lagos Island Constituency 1 for the April 11 election into the Lagos State House of Assembly.

Justice Ibrahim Buba ordered the Independent National Electoral Commission to restore Sanni’s name on its register in place of one Hakeem Masha, whose name was earlier forwarded by the party to the commission.

Sanni, in the suit numbered FHC/L/CS/34/15, had accused the APC of illegally transferring his mandate to Masha who polled 70 votes in the APC December 2, 2014 primary in Lagos which he won with 186 votes.

The plaintiff, through his lawyer, Mr. Wahab Shittu, sought a declaration of the court that the substitution of his name in the list forwarded to INEC with that of Masha, ran foul of the provisions of sections 33, 34, 35, 36 and 37 of the Electoral Act, 2010.

In a 37-paragraph affidavit deposed to by himself, Sanni averred, “I am aware that I have not, at any time, withdrawn my candidacy in the race for the Lagos House of Assembly on the platform of the APC and as such remains the substantive and the lawfully nominated candidate of the APC.

“I state that I am alive, fully fit and in good condition of health.”

He joined as respondents in the suit the INEC, Masha and APC.

But the APC and Masha, through their own lawyers, Mr. Femi Falana (SAN) and Mr.  Bonojo Badejo (SAN), raised objection to the plaintiff’s prayers.

The defendants, which described the suit as “frivolous, vexatious and an abuse of court processes” urged the court to dismiss same for want of jurisdiction.

They also contended that the suit was “not initiated by the due process of law.”

But in his judgment, Buba held that the suit was initiated by due process, adding that from the records before the court,  it was clear that the parties were adequately and properly served with the applicant’s court papers.

The judge also relied on a letter written by the APC asking INEC to recognise Sanni  as the party’s candidate.

The letter was jointly signed by the party’s National Chairman and Secretary, John Odigie-Oyegun and Mai Mala Buni respectively.

In the letter with reference number APC/NHDQ/INEC/19/015/175 and dated January 15, 2015, the party had said, “We write to request for the reinstatement of our party’s substituted candidate – Wasiu Eshilokun Sanni, in respect of Lagos Island Constituency 1 for the Lagos State House of Assembly.”

Buba said he wondered what Falana and Badejo were still doing in court to contest the suit judging by the clear wordings of the letter.

“As a matter of fact, I wonder what learned silk Falana and Badejo were still doing with this case after being confronted with the letter which was attached as exhibit to this suit,” Buba stressed.

The judge, while  ordering INEC to recognise Sanni as the APC candidate, also made an order restraining Masha from parading himself as the candidate of the APC for election into Lagos Island Constituency 1 of the Lagos State House of Assembly.

The judge, however, made no order as to cost as prayed by the plaintiff.

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