Kwara 2015: LP guber aspirant moves to scuttle Omotosho's ambition...asks courts to disqualify him

Date: 2015-03-10

The ambition of Kwara State Labour Party (LP) Governorship Candidate, Dr. Mike Omotosho, appears facing hard times as the party's gubernatorial aspirant, Engr Hakeem Amao, approached an Ilorin High Court seeking his disqualification as the flag bearer in the April 11 elections.

Amao's move to scuttle Omotosho's ambition is coming barely five weeks to the rescheduled 2015 governorship election in the state.

The aggrieved LP guber aspirant had exclusively told National Pilot that he would institute a legal action against Omotosho and Labour Party if his alleged 'unlawful disqualification is not reversed.

However, in a originating summon deposed to by Barristers I B. Ayegbami, Raheem Ismaila, I.B Malik and S.A. Olusosun all of Amity Chambers and filled before an Ilorin High Court, Amao prayed the court for 10 prayers.

The Suit No: KWS/34/2015, this medium reliably gathered had been assigned to Justice Adenike Akinpelu of an Ilorin High Court and would come up on March 19 for hearing.

The summon, a copy which was exclusively obtained by this paper last night, Amao hereto referred to as the Claimant/Applicant joined Labour Party, its National Chairman, Abdulqadri Abdulsalam, National Secretary, Olukayode Ajulo Independent National Electoral Commission (INEC) and DR. Mike Omotosho as 1st,2nd, 3rd, 4th and 5th defendants respectively in the suit.

He prayed the court to stop 1st, 2nd, 3rd and 4th defendants from recognising and accepting Omotosho as the Kwara State Labour Party guber candidate and also asked for an injunction restraining him from parading himself as the governorship candidate for the April 11 guber election.

Amao also prayed the court to declare him the guber candidate of Kwara Labour Party having be 'duly elected as the sole aspirant/ candidate of the party at a primary conducted on December 10, 2014, in Ilorin.

The summon reads in part: ''...Whether in view of the provisions of Article 27(3) (i) (ii) of the Constitution of the Labour Party (LP), regulating the holding and conduct of general elections, Section 87 (1) and (4)( c)(i) & (ii) of the Electoral Act 2010 as amended and the report of the Kwara State Labour Party Governorship and House of Assembly Primary Election held on 10th December, 2014.

In which the claimant was the sole contestant and duly returned as Kwara State Governorship candidate of the 1st defendant, the 1st, 2nd and 3rd defendants can validly and lawfully send and submit to the 4th defendant the name of the 5th defendant and or any other person other than the name of the claimant as the Governorship candidate for the forthcoming 11th April, 2015 Governorship Election.

''Whether or not in view of the provisions of Article 27(3) (i) & (ii) of the Constitution of the Labour Party (LP), of the Labour Party (LP) regulating the holding and conduct of party primary elections, to elect candidates for the 11th April, 2015 general elections, Section 85, 87 (1) and (4) (c) (i) & (ii) of the Electoral Act 2010 as amended and the Results of the Kwara State Governorship primary election of the Labour Party (LP) held on 10th December, 2014, the acts and or conduct of the 1st, 2nd and 3rd Defendants in attempting to submit and forward to and or in submitting or forwarding to the 4th Defendant the name of the 5th defendant, instead of the name of the Claimant as the Governorship candidate for 11th April, 2015 general elections is not illegal, unconstitutional, unlawful, null and void and of no effect.

"WHEREOF the claimant claims against the defendants jointly and severally as follows: A declaration that under and by virtue of Article 27(3) (i) & (ii) of the constitution of the Labour Party (LP), regulating the holding and conduct of party primaries for the election of party's candidates for the general elections, Section 85, 87 (1) and (4) (c) (i) & (ii) of the Electoral Act 2010 as amended and the Results of the Kwara State Governorship Primary Election of the Labour Party (LP) held on 10th December, 2014, the Claimant being the WINNER and duly elected and returned as the Governorship candidate of the 1st defendant, the claimant is the duly elected and authentic Governorship candidate for the 11th April, 2015 Governorship Election end he is the only person entitled to have his name accepted by the lst, 2nd and 3rd defendants for onward submission to the 4th Defendant as the 1st Defendant's Kwara State Governorship candidate for the forth-coming April, 201.5 Governorship election.

"A declaration that the purported submission of the name of the 5th Defendant and or -any other person other than the name of the claimant to the 4th Defendant by the 1st, 2nd and 3rd defendants as the Governorship candidate of the 1st Defendant is illegal, unconstitutional, unlawful, null and void and of no effect.

"An Order of the Court restraining the lst, 2nd and 3rd defendants from further authenticating, recognizing adopting, accepting, treating and or presenting the 5th Defendant as the 1st defendant's Governorship candidate for the Kwara State Governorship election.

"An Order of the Court restraining the 1st, 2nd and 3rd defendants, their servants, agents privies and or any person and or authority acting for them from further submitting or sending to the 4th defend in the name of the 5th defendant as the Governorship candidate for the forthcoming 11th April 2015 Governorship election.

"An Order of the Court restraining the 4th defendant from accepting, admitting, recognizing and or in any way or manner treating the 5th defendant and or any other person other than the claimant as the 1st defendant's Governorship candidate for Kwara State for the forth-coming 11th April, 2015 Governorship election.

"An Order of the Court nullifying or setting aside the purported submission by the 1st, 2nd and 3rd defendants to the 4th defendant of the name of the 5th defendant as the 1st defendant's Governorship candidate for the forth-coming election in Kwara State.

"An Order of the Court restraining the 5th defendant from parading, presenting, representing and or in any way or manner portraying himself as he 1st defendant's Governorship candidate for the forth-coming 11th April, 2015 Governorship election.

"An Order of the Court directing the 4th defendant to recognise treat and deal with the claimant as the 1st defendant's Governorship candidate for the forthcoming 11th April, 2015 Governorship election in Kwara State.

"A declaration that the claimant is the rightful and lawful Governorship candidate of the 1st defendant in the Governorship Elections to be held/conducted by the 4th defendant on 11th April, 2015 in Kwara State.

Source

 

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