Ikeja Federal Constituency: Court Dismisses PDP’s Suit Against Faleke | WakaWaka Reporters
james faleke

Ikeja Federal Constituency: Court Dismisses PDP’s Suit Against Faleke

Justice Abdulazeez Anka of the Federal High Court in Lagos has dismissed a suit by a chieftain of the Peoples Democratic Party (PDP) in Lagos state, Olakunle Okunola, seeking the sack of the All Progressives Congress (APC) Deputy Governorship candidate in the last Kogi State election, James Faleke from the National Assembly for what he termed double representation.

Okunola, who was the PDP candidate for the March 29, 2015 House of Representative election for Ikeja Federal Constituency 1, Lagos state, had argued in the suit that Faleke’s nomination constitutes double nomination as he retains his seat as a member of the House of Representatives while contesting for another elective office in Kogi State.

Specifically, Okunola is seeking an order of the court compelling Faleke to vacate his seat as a member of the House representing Ikeja Federal Constituency 1, forthwith from the date of the transfer of his membership and data by INEC from Lagos State to Kogi State.

The politician also want an order of perpetual injunction restraining INEC from any further reversal or transfer of Faleke’s voting and membership data from Ekinrin-Ade Ward in Ijumu LGA of Kogi state to the Ikeja Federal Constituency 1 of Lagos state.

Joined alongside Faleke in the suit are, the All Progressive Congress (APC) and the Independent National Electoral Commission (INEC)  as second and third respondents respectively.

However, Faleke in his counter-affidavit to the suit argued that the subject matter of the case was academic as it was already decided at the election tribunal and the Court of Appeal where the plaintiffs lost.

In his judgment, Justice Anka held that the intention of the draftsmen as it relates to Section 37 of the Electoral Act 2010 (as amended) is to the effect that double nomination is as regards one candidate being nominated to contest an election under two different political parties.