The lawmaker representing Ikeja Federal Constituency in the House of Representatives, James Falake, is no longer qualified to hold the office, the Peoples Democratic Party (PDP) has told the Federal High Court in Lagos.
The party and a member, Olakunle Okunola, are praying for an order removing him from office.
According to them, Faleke’s voting data have been transferred from Lagos to Kogi State.
Therefore, his being a House of Representatives member from Lagos has been invalidated, the plaintiffs said.
Faleke, who hails from Kogi State, was running mate to the late Abubakar Audu, who was leading at the poll but died before the final result was declared.
The plaintiffs are urging the court to declare that the All Progressives Congress (APC) breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015 National Assembly election and later nominated him as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi.
According to the plaintiffs, Faleke cannot remain a member of the House of Representatives while being nominated as a deputy governorship candidate in another state.
The applicants are urging the court to declare that Faleke’s membership of the House of Representatives had terminated because his voting data had been transferred from Ikeja Federal Constituency of Lagos State to Ekinrin-ade ward of Ijumu Local Government Area of Kogi State.
Joined as respondents in the suit are Faleke, APC and the Independent National Electoral Commission (INEC).
The plaintiffs prayed for an order of perpetual injunction restraining INEC from reversing or re-transferring Faleke’s voting and membership data from Ekinrin-ade ward in Ijumu Local Government Area of Kogi State to the Ikeja Federal Constituency 1 of Lagos State.
They urged the court to stop Faleke from parading himself as a member of the House of Representatives representing Ikeja Federal Constituency 1 in the House of Representatives.
The plaintiffs’ counsel, Kingsley Kezie, told Justice Abdulaziz Anka that efforts to serve the court processes on Faleke and APC had proved abortive.
He, therefore, urged the court to grant the plaintiff an order to serve the defendants through substituted means at their addresses.
Justice Anka granted the order to serve APC by substituted means but directed the plaintiffs to go to Kogi State and effect personal service on Faleke.
He adjourned till January 26 for report of service.
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