2015 governorship primaries: Court throws out application to restrain Obanikoro

Justice Kazeem Alogba of a Lagos High Court sitting in Ikeja, yesterday threw out an application, seeking an order restraining immediate past Defence Minister, Senator Musiliu Obanikoro, from contesting in the forth coming December 8, 2014 Peoples Democratic Party's (PDP) governorship primary in Lagos State.
While refusing to grant the order, Justice Alogba held that the applicants failed to prove the urgency of the action to warrant granting the order.
The court also queried reasons why the applicants did not file the exparte application along with the originating summons earlier instituted on November 14, 2014 if there was urgency as was argued by their lawyer, Wahab Shittu.
The judge held that considering the gravity of the allegations levelled against Obanikoro, it would only be fair to grant him fair hearing before making any such order.
Justice Alogba declared that the court did not
believe that the interest of the applicants would be jeapardised in anyway if the court did not make an instant order restraining Obanikoro from participating in the said primary.
The judge then ordered the applicants to serve the respondents with the relevant processes, including the option of substituted service through either The Punch or The Guardian Newspapers.

Justice Alogba adjourned the matter till December 9, 2014 for hearing of the substantive suit.
It would be recalled that three members of the  PDP in the state, Micheal Ogun, Suleima Saheed  and Wasiu Odusan had prayed the judge to declare Obanikoro ineligible to stand election in Nigeria on the platform of any party.
The originating summons was supported with five exhibits among which is an American passport claimed as belonging to Obanikoro but obtained under a different name.
The applicants also tendered an international passport claimed to belong to Obanikoro but alleged carries a false age.
They prayed the court to declare that by the provision of paragraph 4 (a) of Part iv of the electoral guidelines for primary Elections, 2014, of the INEC, Obanikoro was not eligible to participate in the gubernatorial primary election of the PDP scheduled for December 8, 2014 in Lagos State.
The plaintiffs also maintained that in view of the alleged age falsification, Obanikoro was not even eligible to contest on the platform of any political party in Nigeria.
According to the suit, "Pursuant to Sections 182(1) (a) (j) of the 1999 Constitution, Sections 31(2), 31 (5) 31 (6) and 31 (8) of the Electoral Act, 2010 and Section 10 (1)  and other relevant sections of the PDP constitution, the 1st respondent stands disqualified by virtue of his antecedents and constitutional provisions."
In moving the exparte motion, Shittu argued that it was expedient to stop Obanikoro in order not to allow for illegality.
The lawyer further posited that, "A democracy is principally founded on the rule of law. At all times there are two choices to make, whether you want to be guided by the rule of law or by the culture of impunity. Your Lordship will decide this issue for history and for posterity."
Aside Obanikoro, other respondents to the suit includes: the Independent National Electoral Commission (INEC) and the PDP.