Justice Ambrose Lewis-Allagoa of a Lagos Federal High Court, has fixed July 13, 2022, for the hearing of the suit seeking to restrain Senator Adeola Olamilekan Solomon, popularly called Yayi, from representing Ogun West Senatorial District of Ogun State.

Yayi, who has spent all his political life in Lagos at different levels as a legislator, recently secured the ticket of Ogun West Senatorial District of Ogun State, on the platform of the All Progressives Congress, APC, ahead of 2023 general elections.

The Senator who is still representing Lagos West in the Senate, is being challenged over is qualification to contest Ogun West ticket on the platform of APC while still representing Lagos West.

The plaintiffs in the suit marked FHC/L/CS/822/2022; Barrister Sanni Said, Engineer Giwa Tijani Sheu, Chief Adesoji Adepoju Martins, Mike Okefuna, Olatunbosun Komolafe, Mrs. Sanni Oluwatoyin, Ibrahim Fatai, Bolaji Durojaiye and AbdulKareem Idowu, have also listed the Independent National Electoral Commission, the APC and National Assembly as respondents.

The plaintiffs, all of Lagos West Senatorial District, had approached the court for the Exparte Order, pursuant to order 38 Rule 2 of the Federal High Court (Civil Procedure) Rules 2019 and under the court's inherent jurisdiction. 

The plaintiffs through their counsel are asking the court for an order of interim injunction restraining APC from submitting the name of Senator Yayi, to the INEC as it's flagbearer in Ogun West for the 2023 general election.

While still serving as a Senator representing their Senatorial District at the National Assembly, the plaintiffs are of the opinion that the decision of the Lagos Senator to seek to represent Ogun West is in breach of the provisions of Sections 6(6)c, 65 of the Constitution of the Federal Republic of Nigeria.

They also argued that the action of the Senator is in contravention of Article 2, 9 and 20 of the All Progressives Congress Constitution, Section 14 (3) of the Federal Character Commission Act and Section 30 of the Electoral Act 2022, pending the hearing and determination of the originating motion.

At the resumed sitting on Wednesday, the judge adjourned the hearing to July 13 sequel to an application filed by some other constituents of Lagos West Senatorial District, that they be joined as defendants in the case.

Justice Lewis-Allagoa, while granting an Exparte motion had summoned Senator Yayi and other defendants to show cause, why he should not be restrained from contesting for the seat of Ogun West Senatorial District in the 2023 General election.

At the resumed hearing on the matter, Babatunde Rajh-Label who represented the constituents seeking to be joined in the matter, informed the court of his clients to be joined as Co-defendants in the suit. Adding that all parties in the suit have been served with his clients' application.

Responding, counsel to the plaintiff, Kemi Pinheiro (SAN) admitted being served with the application of the persons seeking to be joined in the suit, adding that he intends to respond to the application, and asked the court for a short date.

Chief Wole Olanipekun (SAN), Counsel to Adeola, informed the court of the Senator's application seeking dismissal of the suit brought against him, expressing surprise at the exparte application despite the pendency of the suit.

He also confirmed to court of being served with the application of persons seeking to be joined as Senator Adeola's Co-defendants.

He however asked the court for a short date to enable him respond to the application of the persons seeking to be joined in the suit.

 

Counsel to APC, Babatunde Oganla, SAN, told the court that he has been served with the Yayi's application seeking to dismiss the suit, but was yet to be serve with the Plaintiffs' processes. 

The senior lawyer told the court that he became aware of it through newspaper and online reports.

Counsel to National Assembly, Professor Taiwo Osipitan, SAN, also informed the court that the Plaintiffs were yet to serve him with any processes in the suit.

Responding to both Ogala and Professor Osipitan's submissions, Pinheiro told the court that his clients had served all the processes on APC but he will make sure that the National Assembly is served with the processes.

All parties agreed that the application of persons seeking to be joined as Senator Adeola's Co-defendants, be first heard before any other applications.

It will be recalled that another suit, FHC/AB/CS/73/22, has been brought against the Senator some members of the APC in Ogun West Senatorial District challenging the Senator of claiming two wards, local governments and states.

The case is before the Abeokuta Federal High Court.