The Federal High Court sitting in Abuja, was, on Wednesday,
urged to bar a top contender of the Speakership of the 9th House of
Representatives, Femi Gbajabiamila from going ahead with his
ambition.
It was also explained that the ground for the legal position
against Gbajabiamila was because he was allegedly convicted by a
United State of America Supreme Court for fraud.
The court was specifically asked not to allow the lawmaker to
stand for the Speakership election, having been convicted for fraud
to the of $25,000 in which he allegedly failed to disburse to his
then client in 2003 in US, where he was practising as a lawyer.
The plaintiff in the matter, Philip Undie joined alongside
Gbajabiamila, House of Representatives, Attorney General of the
Federation and the All Progressive Congress as defendants in
suit.
In an Originating Summons marked FHC/ABJ/C/538/2019 brought
pursuant to Order 3, Rule 6 and 7 of the Federal High Court and
Section 66 of the 1999 Constitution as emended, the plaintiff
wanted the court to determine whether upon the construction of
Section 66 of the 1999 Constitution and the judgement of the
Supreme Court of the State of Georgia, Atlanta, USA in Suit no.
SO6YO829, IN THE MATTER OF FEMI GBAJA, was a fit and proper person
to be elected to the House of Representatives and to the Office of
the Speaker of the House.
The plaintiff, therefore, prayed the court for an order of
injunction restraining the House of Representatives and APC from
accepting the nomination of Gbajabiamila as an aspirant for the
office of the Speaker of the House of Representatives.
He is also praying the court for an order of injunction stopping
Gbajabiamila from parading himself as a member of the House of
Representatives and also an aspirant for the office of the Speaker
of the House.
Similarly, Undie who claimed to be a taxpayer in Nigeria is
further seeking for another order of injunction restraining the
House of Representatives, AGF and APC from recognising Gbajabiamila
as a member of the House and as an aspirant to the Speakership of
House of Representatives.
The suit filed by Ayodele Justice on behalf of the plaintiff is,
however, yet to be assigned to any judge.
In a 25 paragraph affidavit in support of the Originating
Summons and deposed to Plaintiff himself averred that few days ago,
information came to the public domain that Gbajabiamila was
contesting and indeed a leading candidate to the Office of Speaker
of the House of Representatives in the 9th National Assembly ,
having been endorsed by the NWC of APC.
He further averred that upon the information , he deemed it
proper to carry out a background check on the leading candidates
for the position if Speaker of the House and that in the process ,
he discovered that Gbajabiamila is a lawyer and had practiced in
the USA, particularly, in the state of Georgia.
The affidavit further reads in part, “that upon further enquiry
, I discovered that the first defendant was convicted and sentenced
for fraud and dishonesty in relation to the sum of $25, 000
belonging to a then client of the first defendant for 36
months.
“A certified true copy of the judgement of Supreme Court of
Georgia to that effect issued by Theresa Tee Barnes , Clerk of the
said Supreme Court of Georgia, on 12th day if June , 2015 is hereby
attached and marked exhibit A.
“That the judgement was delivered by the full panel of the
Supreme Court of the State of Georgia, comprising of the Chief
Justice of the State of Georgia, Honorable Justice Hugh P.
Thompson, Hon. Justice P. Harris Hines, Hon Justice Robert Benham,
Hon. Justice Carol W Hunstein, Hon. Justice Harold D. Melton, Hon.
Justice David E. Nahmias and Hon. Justice Keith R. Blackwell, on
26th day of February , 2007.
“That it was stated judgement in the said judgement that the
first defendant admits violating Rule 1.15(1) of Georgia Rules of
Professional Conduct set forth in Bar Rule 4-102 (d) is
pleaded.
“That the first defendant accepted the imposition of a sentence
of suspension up to 36 months as a punishment for fraud and
dishonest in relation to the said $25 ,000 and that he also
admitted that he accepted payment of $25,000 as settlement of a
client personal injury cliams , deposited in his Attorney Trust
Account in January , 2003 but failed to disburse same to the
client”.
The plaintiff, therefore, prayed the court to declare that
Gbajabiamila is unfit and not the proper person to be elected as a
member of the House of Representatives and as Speaker of the
house.