An aspirant for the governorship position in Lagos State on the platform of the Peoples Democratic Party (PDP), Nurudeen Balogun, has gone before the state High Court sitting in Ikeja, asking the court to declare Jimi Agbaje, another aspirant for the same position on the party’s platform as not qualified to either become the party’s candidate or even contest the election on the party’s platform.
Joined in the suit filed on his behalf by two lawyers, Clement Onwuenwunor and John Itodo, the claimant argued that Agbaje had not met the constitutional requirements of his party to contest for any elective position on its platform.
Agbaje is believed to be the aspirant backed by one of the top members of the party, Chief Bode George.
But Balogun, a businessman, said Agbaje is not qualified because he has not spent the compulsory two years stipulated in the PDP constitution as a member of party and has not paid his dues as members.
He also said Agbaje does not have a waiver from the party hierarchy to enable him contest for the position.
In an affidavit he swore to, Balogun confirmed his membership of the PDP with his membership card number: 122488 and added that he is an aspirant in the governorship race in 2015 on the platform of the Peoples Democratic Party (PDP), but argued that in accordance with Section 50(9) of the PDP constitution, only aspirants with minimum of two years membership span shall be eligible to stand for election into any public office under it platform.
He is therefore seeking “a declaration that the first defendant (Agbaje) having only joined the second defendant (being the PDP) in July 2014, is neither eligible nor qualified to run for any elective position to public office in the forthcoming 2015 general election particularly the Governorship election under the platform of the second defendant in Lagos State.
“A declaration that it is only a duly registered member of the second defendant (PDP) or one whose membership is regularised, can present himself and pick Expression of Interest/Nomination Forms for the purpose of the primary election for 2015 Governorship election in Lagos State.
“A declaration that the second defendant and third defendant (INEC) are not entitled to accept Expression of Interest/Nomination Forms from the first defendant for the purpose of participating in the primary election for 2015 governorship election in Lagos State having only joined the second defendant in July 2015.
“Injunction restraining the first defendant from parading himself as candidate for election or presenting himself to any organ of the second defendant, especially the Screening Committee, for the purpose of being screened for the primary election for 2015 governorship election in Lagos State having only joined the second defendant in July 2015 and his membership not regularised.
“Injunction restraining the second and third defendants, their agents, servants and or privies from accepting Expression of Interest/Nomination Forms from the first defendant or screening him to participate in the primary election for 2015 governorship election in Lagos State having only joined the second defendant in July 2014 and his membership not regularised.
In the affidavit, Balogun is claiming that Agbaje is just four months old in the party as against the stipulated two years in the constitution.
He argued that Agbaje “who has never paid his registration dues and regular annual subscription fees for renewal of his membership is not eligible to contest elective position to a public office on the platform of the second defendant,” and that he was aware that Agbaje has not been given any waiver by the National Working Committee (NWC) of the party as stipulated by the constitution of the party to contest for elective position.
He said further: “that on 21st November 2014 I petitioned the Chairman, of the South-West Governorship Screening Committee of the second defendant of this unwholesome practice and blatant infraction of the second defendant’s constitution by the first defendant and his cohorts in the second defendant’s political party.
“Notwithstanding the said petition, the second defendant did not respond, reply or take necessary appropriate action on the said petition.
“It is sequel to the above averment that this suit became necessary to forestall radical violence to the second defendant’s constitution by the first defendant.
“That the second defendant’s primary election is coming up on 8th December, 2014 and it will be in the interest of justice of grant this application.
Questions that the complainant wants the court to answer include: “whether by the Provisions of Section 50(9) of the second defendant’s constitution, the first defendant who only joined the second defendant in July 2014 is qualified to contest and run for the 2015 governorship election under the platform of the second defendant in Lagos State.
“Whether the second and third defendants are entitled to accept Expression of Interest/Nomination Form from the first defendant who only joined the second defendant in July 2014 for the purpose of being screened for the second defendant’s primary election coming up on 8th December, 2014 for the 2015 governorship election in Lagos State.
“Whether the first defendant whose membership is yet to be regularised or paid any annual subscription for renewal of membership or waiver granted by the first defendant, is eligible and qualified to present himself for the primary election for 2015 governorship election in Lagos State under the platform of the second defendant.”
Other issues for determination include: “whether by the provision of Section 50(9) of the constitution of the second defendant, the first defendant is eligible to stand for the second defendant’s Primary Elections for the Lagos State Governorship Election.
“Whether the second and third defendants should not be restrained from accepting Expression of Interest/Nomination Forms from the first defendant or screening him to participate in the primary election for 2015 governorship election in Lagos State having only joined the second defendant in July 2014 and his membership not regularised.
In the averments before the court, Balogun’s lawyers argued that it is beyond doubt that the Agbaje is ineligible to parade himself as the PDP governorship candidate in Lagos State in the forthcoming primary election or pick or submit Expression of Interest/Nomination Forms to the party or INEC or be recognised by the two as the candidate of the PDP for the forthcoming governorship election “and/or stand for the said governorship election under the platform of the second defendant and we respectfully urge the court to so hold.”
