9th December, 2014
Despite losing in the Peoples Democratic Party, PDP, Lagos governorship primaries, Senator Musiliu Obanikoro has filed a preliminary objection against a suit filed by some PDP stalwarts seeking to restrain him from contesting the primaries and any other future elections.
Three PDP Stalwarts Micheal Babatunde Ogun, Suleiman Olayinka Saheed and Wasiu Adeniyi Odusan had sought an order of interlocutory injuction restraining Obanikoro from participating in the December 8, 2014 primaries.
The applicant has also sought an order of interlocutory injuction restraning the PDP from nominating Senator Obanikoro to INEC for the purpose of contesting the 2015 governorship elections in Lagos state or any subsequent elections in Nigeria pending the hearing and determination of the originating summons.
Joined as defendants alongside Senator Obanikoro are Independent National Electoral Commission (INEC) and the PDP.
At the first hearing of the originating summons, presiding judge, Justice Kazeem Alogba refused to grant an exparte order sought by the applicants thereby paving way for Obanikoro to take part in the primaries.
In a notice of preliminary objection to the suit filed yesterday, Obanikoro’s lawyer, Gbenga Ojo is seeking an order of court striking out or dismissing the originating summons on the ground that it is abuse of court process.
Ojo is also seeking an order striking out the suit on the ground that it does not disclose a reasonable cause of action.
Ojo contended in the application that the case against Obanikoro is premised on forgery and dual citizenship and that there is no evidence of his trial or conviction for the alleged offences.
He further contended that all documents relied upon by the applicants in the suit are either uncertified public documents or documents printed from internet without authentication of the source or certification.
Ojo also informed the court orally that following the result of yesterday’s PDP primaries in Lagos state, where his client lost, he intends to file a further application to dismiss the suit as a mere academic exercise.
Counsels to INEC and PDP in the suit acknowledged service of Obanikoro preliminary objection but sought more time within which to file their responses.
Justice Alogba subsequently adjourned the case till January 14 for hearing of all applications.
The judge however warned that he would not entertain any unnecessary delays by any party in the suit.