The suit seeking the disqualification of Senator Olamilekan Solomon Adeola from contesting for Ogun West Senatorial seat of Ogun State, on the platform of the All Progressives Congress (APC) in 2023 general elections yesterday began at the Federal High Court, sitting in Abeokuta, the Ogun State capital.
The plaintiffs; Johnson Akinsanya Akindele, Moses Babalola Oluwasaanu and Taiwo Akanbi Orobiyi who filed the suit are seeking the order of the Court to disqualify Senator Adeola from contesting the election, on the grounds that he is already a serving Senator representing Lagos West Senatorial district in the National Assembly.
Other defendants in the suit marked No FHC/ABK5/132/22 are the APC, Independent National Electoral Commission (INEC) and the National Assembly.
When the matter came up for hearing on Wednesday, the plaintiffs who in sworn affidavits claimed to be members of the APC, were represented by Counsel Seni Adio, SAN, but Senator Adeola’s counsel, Bode Olanipekun, SAN, told the court that the case did not qualify as a pre-election matter under the 1999 constitution.
Olanipekun argued that only an aspirant or a political party is entitled to file a pre – election case, positing that none of the plaintiffs fit into the categories of who should file a pre – election matter.
Also, counsel to the APC, Babatunde Ogala, SAN, adopted the submission of Bode Olanipekun, SAN, arguing that the case was not filed in accordance with the applicable rules.
Ogala also argued that none of the plaintiffs has any personal benefit from the reliefs sought in the case, submitting that they have neither anything to gain nor lose from the matter.
Countering, the plaintiffs’ lawyer, Seni Adio, SAN maintained that the case is qualified to be treated as pre – election issue, maintaining that it was a constitutional action and a test case.
The court after hearing the arguments and counter – arguments of both counsels adjourned further proceedings to September 29, 2022.