3rd March, 2011
A Federal High Court sitting in Lagos, Southwest Nigeria, this afternoon, struck out the suit seeking the nullification of the nomination of Dr. Shamsideen Ade Dosunmu as the PDP governorship candidate in Lagos State in next month’s election.
However, the presiding judge, Justice Binta Murtala Nyako berated Dosunmu for flouting the court’s order that the parties should not do anything that could jeopardise the case.
In the suit filed on behalf of Oluowo Adeyeri by a Lagos lawyer, Tunde Akinrimisi, the plaintiff urged the court to nullify the nomination of Dosunmu on the grounds that he had not been a card-carrying member of the PDP for two years and there was no waiver to that effect.
Adeyeri alleged that Dosunmu was removed from office as the Director-General of the Maritime Administration and Safety Agency, NIMASA, as a result of alleged financial impropriety.
He said Dosunmu was not eligible to contest the 12 January 2011 primary for the governorship ticket as he has been disqualified by the provisions of Article 14(b) of the electoral guidelines for primary election, 2003 of the PDP.
Therefore, he urged the court to declare that Dosunmu’s nomination was null and void on account of his ineligibility.
However, the respondent, in his objection, cited the electoral guidelines of 2010 that the applicant has no legal right to institute the action as he was not one of the contestants.
Dosunmu urged the court to dismiss the suit with substantial cost.
In her judgement Justice Nyako struck out the suit on the ground that the applicant has no locus standi to institute the action.
However, Justice Nyako, in her remarks, said that despite her order that the status quo be maintained and also told the counsel to the two parties to advise their clients not to do anything to jeopardise the case before the court, Dosunmu flagrantly disobeyed the order of the court.
The judge further said, “It is settled in law that when a matter is before the court, nobody should do anything that is subjudice.
It is rather unfortunate that the respondent disregarded the order of the court.â€
She then asked, “What legacy are today’s leaders giving to upcoming generation? What comes around goes around.â€
—Akin Kuponiyi