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Tuesday, March 10, 2015

MANDATE TRANSFER: PDP CANDIDATE DRAGS PARTY CHAIRMAN TO COURT

Chairman, Lagos State chapter of the Peoples Democratic Party (PDP), Olatunji Shelle, has been dragged to court by an aspirant to the House of Representatives, Abdulkabir Lawal, over alleged transferring of  his mandate to one Adebola Gbabijo.

Specifically, the aspirant pointed accusing fingers at Shelle of transferring the party's mandate to Gbabijo who he said polled 28 votes in the PDP primary where Lawal claimed to have been declared winner with 29 votes.

The plaintiff who approached a Federal High Court sitting in Ikoyi, Lagos wants a, "Declaration that he is the authentic PDP candidate representing Epe Federal Constituency for election into House of Representatives."

The House of Representatives aspirant through his counsel, Dr. Yemi Oke, asked Justice Mohammed Yunusa to issue an order that the
Independent National Electoral Commission (INEC) to expunge Gbabijo’s name from its register and replace same with his own.

Respondents in the suit designated FHC/AB/CS/43/2015 includes: Shelle, Gbabijo, PDP and INEC.

The aspirant in an ex parte motion prayed the judge to give an order of interim injunction, restraining INEC from recognising Gbabijo as the PDP candidate for Epe Federal Constituency.

The judge however refused the said motion and instead directed that the respondents should be served with the court’s papers.

According to the judge, "The respondents should be served with all the processes in relation to the motion on notice."

He thereafter adjourned till March 16, 2015 for hearing of the substantive suit.

In an affidavit instituted in support of the motion ex parte he deposed to,
Lawal, explained that though both himself and Gbabijo had each polled 29 votes in the PDP primary held on December 6, 2014, he (Lawal) was however declared winner as one of Gbabijo’s votes was voided.

According to Lawal, "By virtue of the report of the Lagos State Electoral Panel, the proxy vote was voided and I was declared winner having polled 29 votes, while my opponent polled 28 votes at the primary.

"But to my utmost chagrin, I was denied the Form CF001 at the PDP secretariat by the 1st respondent on the grounds that the election for the Epe Federal Constituency is inconclusive.

"To my utter chagrin, the 2nd respondent was handed the Form CF001 and purportedly nominated as the 3rd respondent’s candidate for Epe Federal Constituency.

"It is clear that I have been denied my constitutional right by the 1st, 2nd and 3rd respondents by the substitution of my candidacy for the 2nd respondent."

He therefore asked the court to by the combined effects of sections 87 (1), (2), (3) and (4) (c) (i) (ii) of the Electoral Act, 2010, invalidate Gbabijo’s nomination to INEC and order his own recognition as the candidate for Epe Federal Constituency into the House of Representatives on the platform of the PDP.

Photo credit: Thisday

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