The Peoples Democratic Party has approached a Federal High Court in Lagos seeking an order to remove James Faleke as the lawmaker representing Ikeja Federal Constituency of Lagos State in the House of Representatives.
The suit marked FHC/L/08/1680/15 was filed by a PDP member, Olakunle Okunola, with the PDP listed as the second plaintiff.
Okunola and the PDP are urging the court to declare that the All Progressives Congress breached Section 37 of the Electoral Act when it nominated Faleke for the March 28, 2015 National Assembly election and later nominated Faleke as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi 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.
The plaintiffs are seeking 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, who appeared before Justice Abdulaziz Anka on Wednesday said all 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.
In a ruling, however, 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, 2016 for report of service.