What could further tear the Peoples Democratic Party (PDP) in Lagos State apart ahead of the 2015 general elections in the country has begun as some members of the party have sued former Minister of State for Defence and aspirant for the governorship election, Musiliu Obanikoro for forgery.
The members are asking an Ikeja High Court to prevent Obanikoro from going ahead with his governorship ambition because he falsified his age.
They joined the PDP and the Independent National Electoral Commission (INEC) in the suit.
Obanikoro has resigned his ministerial position to contest for governorship in 2015. Since his resignation, he had been at loggerhead with Chief Bode George, another leader of the party from the State, as well as other members of the party.
Through their lawyer, Wahab Shittu, the PDP members, Michael Babatunde Ogun, Suleiman Olayinka Saheed and Wasiu Adeniyi Odusan, are asking the court to determine Obanikoro’s true citizenship since he had voluntarily acquired the citizenship of the United States of America even though he did not renounce his allegiance to Nigeria, the country of his birth.
They argue that as a result of these allegations, Obanikoro should not be considered eligible to participate in the governorship primaries of the PDP which has been fixed for 8th December.
They also asked the court for a perpetual injunction barring the former Minister from becoming the candidate of the PDP for the purpose of the governorship election in Lagos in 2015.
They said he had previously presented a forged birth certificate to the Independent National Electoral Commission (INEC) contrary to Section 182(1) (J) of the 1999 Constitution.
Among other resolutions that the PDP members want solved include:
-Whether upon a proper construction and interpretation of Section 182(1) (a) (j) of the 1999 Constitution (as amended), the 1st responded (Obanikoro) having voluntarily acquired the citizenship of the United States of America in addition to the citizenship of Nigeria, is eligible to present himself for nomination as a candidate in the governorship primaries of the 3rd respondent (PDP) or any other registered political party for the purpose of contesting on the platform of the PDP or any other political party registered in Nigeria for the purpose of contesting the 2015 elections in Lagos State or any subsequent elections in Nigeria.
-Whether upon a proper construction of Section 182 (1) (j) of the Constitution of Nigeria 1999 as amended, the 1st respondent having previously presented a forged birth certificate to INEC in the April 2007 general elections for the office of Governor of Lagos State is eligible to present himself for nomination as a candidate in the governorship primaries of the 3rd respondent or any other registered political party for the purpose of contesting on the platform of the PDP or any other political party registered in Nigeria for the purpose of contesting the 2015 elections in Lagos State or any subsequent elections in Nigeria.
-Whether upon a proper construction of Section 31 (2) (50 (6) and (8) of the Electoral Act 2010 as amended, the applicants have locus standi to institute this present proceedings against the respondents and that the 1st respondent (Obanikoro) is not qualified to participate and or take part in the gubernatorial primary election of the PDP scheduled for the 8th of December 2014 or any other date for the selection of its candidate for the Lagos State Governorship elections scheduled to hold in 2015 or any other date.
-Whether having regards to Section 87 of the Electoral Act 2010 as amended, paragraph 4 (a) of Part IV of the Electoral Guidelines for Primary Elections 2010 of the 3rd respondent, the 1st respondent is qualified to participate and or take part in the gubernatorial primary election of the 3rd respondent scheduled for the 8th of December.
-Whether upon a proper construction of Sections 10 (1), (j),(k), 49(2),50(1), 50 (2) of the Constitution of the 3rd respondent, t6he 1st respondent is eligible to present himself for nomination as a candidate in the governorship primaries of the PDP for the purpose of vying for nomination as a gubernatorial candidate of the 3rd respondent with a view to contesting the 2015 elections.
-A declaration that based on the dictates of paragraph 4(a) of Part IV of the Electoral Guidelines for Primary Elections 2014 of the 3rd respondent and the antecedents of the 1st respondent particularized in the applicants’ affidavit in support of the originating summons, the 1st respondent is not eligible to participate and or take part in the gubernatorial primary election of the 3rd respondent scheduled for the 8th of December.
-An order of perpetual injunction restraining the 1st respondent from participating in the governorship primaries of the 3rd respondent or in the alternative any of the registered political parties in Nigeria.
Though the court is yet to fix a date for hearing of the case, in an affidavit accompanying the suit, the trio prayed the court to restrain the PDP from nominating Obanikoro and the INEC from accepting or recognising him as the party’s candidate for the governorship election in Lagos State or any subsequent elections in the country.
Ogun specifically alleged that Obanikoro deliberately declared falsely in answer to question 9 part B of the aforementioned affidavit when asked whether he had changed his nationality in the past and if so, what the nationality was, by answering ‘that is not applicable’ when he knew that he had in actual fact acquired the citizenship of the United States of America as contained in his American Passport No.025317195 issued on June 16 1995.
Continuing, he said Obanikoro deliberately falsified his date of birth and age as the 28th of July 1954 and 52 years respectively notwithstanding the fact that Obanikoro knew that his official Nigerian passport and his diplomatic passport No.F0004473 and D0002471 respectively show contrarily that his actual date of birth is the 28th of July 1960.
He said Obanikoro’s American Passport and application for admission to the Texas Southern University, Houston Texas including extracts from Obanikoro’s marriage records to one Jewel M. Weller in the Harris County 1982 Marriage Records support the assertion that Obanikoro’s actual date of birth is 28th July 1960 as opposed to false declaration of 28th July 1954.
“Unless Obanikoro is perpetually restrained from participating in the scheduled governorship primaries of my party, the PDP which is to take place on the8th of December 2014, the interest of the applicants as stakeholders and the overriding interest of the PDP including the quality and character of the political space would be seriously endangered,” his affidavit stated.
