A Federal High Court sitting in Lagos has adjourned to July 13, the hearing of a suit instituted by some members of the All Progressives Congress challenging the victory of Senator Adeola Solomon, popularly called Yayi, in the party's primary in Ogun West Senatorial district.
Adeola had been declared the winner of the APC Ogun West Senatorial ticket after he defeated the current senator representing the district, Senator Tolu Odebiyi at the party's primary held in Ilaro last month.
However, some members of the party, Adebiyi Tajudeen, Olajumoke Ibrahim, and Muideen Akintade approached an Abeokuta division of the Federal High Court, obtaining an interlocutory injunction, restraining Adeola from parading himself as the candidate.
In a recent development, some constituents of Lagos West Senatorial District approached the court and sought to be joined as defendants in the suit filed against the Senator.
They are Barrister Sanni Said; Engineer Giwa Tijani Sheu; Chief Adesoji Adepoju Martin; Mike Okefuna; Olatunbosun Komolafe; Mrs. Sanni Oluwatoyin; Ibrahim Fatai; Bolaji Durojaiye and AbdulKareem Idowu.
They noted that Yayi's interest in representing the district without staying in Ogun State for the period required by law, without hailing from the state and without resigning as a member representing Lagos West Senatorial District is a deliberate marginalisation and an infringement on the democratic rights of the people of the senatorial district and the state in general.
They further submitted that contesting without being a member of the party in Ogun West nor a registered voter in Ogun West Senatorial District is contrary to the constitution of Nigeria, and repugnant to natural justice, equity and good conscience.
Those listed as respondents alongside Yayi are the Independent National Electoral Commission (INEC); the All Progressives Congress (APC) and National Assembly.
Justice Ambrose Lewis-Allagoa, while granting an ex parte motion numbered FHC/L/CS/822/2022, filed by the Plaintiffs, had summoned Senator Yayi and other defendants to show cause, why he should not be restrained from contesting for the seat of the senatorial district in the 2023 general elections.
At the resumed hearing on Wednesday, Kemi Pinheiro and Seni Adio, both Senior Advocates of Nigeria, leading Yakubu Eleto, Tokunbo Davis among others represented the plaintiff while Chief Wole Olanipekun, Babatunde Ogala, and Professor Taiwo Osipitan, all SANs, represented Adeola, APC and National Assembly.
Meanwhile, Olayinka Kujembola led Babatunde Rajh-Label to represent 21 members of Lagos West Senatorial District, as persons seeking to be joined in the suit as Senator Adeola's co-defendants.
Addressing the court on the suit, Kujembola informed the court of his clients to be joined as co-defendants in the suit, adding that all parties in the suit had been served with his clients' application.
Responding, Pinheiro, the lead counsel for the plaintiffs admitted being served with the application of the persons seeking to be joined in the suit.
Pinheiro however told the court that he intended to respond to the application, and asked the court for a short date.
Also, Olanipekun informed the court of the senator's application seeking dismissal of the suit brought against him.
Olanipekun also told the court that he was surprised that despite the pendency of the suit, the plaintiffs went ahead and filed another ex parte application for an order of mandatory injunctions.
The lawyer confirmed to the court that he had been served with the application of persons seeking to be joined as Adeola's co-defendants.
He however asked the court to give him a little more time to enable him to respond to the application of the persons seeking to be joined in the suit.
Counsel for the APC, Ogala informed the court that he had been served with Yayi's application seeking to dismiss the suit, but he had yet to be served with the plaintiffs' processes.
When asked how he got to know about Wednesday’s date, the senior lawyer told the court that he got to know about it from newspapers and online reports.
Also, Professor Osipitan, counsel for the National Assembly, informed the court that the Plaintiffs had yet to serve him with any processes in the suit.
Responding to Ogala and Professor Osipitan's submissions, counsel for the Plaintiffs, Pinheiro, told the court that his clients had served all the processes on APC but would make sure that the National Assembly were served with the processes.
By the agreement of all parties that the application of persons seeking to be joined as Senator Adeola's co-defendants be first heard before any other applications could be entertained, the judge adjourned the matter till July 13, 2022.