February 16, 2015
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- Law News
An aspirant who sought to represent Lagos Island Constituency 1 in the state’s House of Assembly, Wasiu Sanni, has sued the All Progressives Congress for allegedly omitting his name in the final list submitted to the Independent National Electoral Commission.
Sanni, who claimed to have won the party’s December 2, 2014 primary with 186 votes, is accusing the APC of transferring his mandate to the first runner-up in the said election, Hakeem Masha, who was said to have polled 70 votes.
Sanni, who is a former Executive Chairman of the Lagos Island Local Government Area, is seeking a declaration of the court that the alleged substitution of his name on the list forwarded to INEC with that of Masha, ran afoul of the provisions of sections 33, 34, 35, 36 and 37 of the Electoral Act, 2010.
He is seeking an order of the court restoring his allegedly stolen mandate as the lawfully recognised APC candidate to contest for a seat in the Lagos House of Assembly.
Apart from APC, the other defendants in the suit marked FHC/L/CS/34/15 are INEC and Masha.
In a 37-paragraph affidavit deposed to by himself, Sanni averred, “I am aware that I have not, at any time, withdrawn my candidacy in the race for the Lagos House of Assembly on the platform of the APC and as such remains the substantive and the lawfully nominated candidate of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.”
But the APC, through its lawyer, Oludare Falana, has raised objection to the plaintiff’s prayers.
The party, which described the suit as “frivolous, vexatious and an abuse of court processes” urged the court to dismiss same for want of jurisdiction.
The party also contended that the suit was “not initiated by the due process of law.”
Justice Ibrahim Buba has adjourned till February 19 to take both the plaintiff’s originating summons and APC’s preliminary objection.
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