The Abuja division of the Federal High Court, has been asked to bar Hon. Femi Gbajabiamila from contesting for the office of the Speaker of the House of Representatives of the 9th National Assembly.
Gbajabiamila, a leading contender from Lagos State is the anointed of the All Progressives Congress (APC) and a leader of the party, Asiwaju Bola Tinunbu.
The plaintiff, Philip Undie, premised his suit on the grounds that Gbajabiamila, having been convicted in the United States of America for fraud-related offences is not qualified to run for the office of Speaker of the House of Representatives.
Undie, in an originating summons before the court, is contending that Gbajabiamila, who was convicted for $25, 000 fraud by the Supreme Court of the State of Georgia, USA, is not a fit and proper person to be elected as a member of the House of Representatives and/or as the speaker of the House of Representatives of the 9th National Assembly.
He further asked the court to restrain the House of Representatives of the Federal Republic of Nigeria, the Attorney General of the Federation and the All Progressives Congress, who are the First to Fourth defendants in the matter, from recognising Gbajabiamila as a member of the House of Representatives and as an aspirant for the office of the Speaker of the House.
In the summons dated 20th May, 2019 and filed on 21st May, 2019 by his counsel, Ayodele Justice Esq., Undie is contending that under Section 66(1) (C) and (D) of the 1999 Constitution and the verdict of the Supreme Court of Georgia, "the mood of our nation today will not warrant placing the position of the Speaker of the House of Representatives to the hands of any individual that has a tainted or questionable character."
In an affidavit attached to the motion, Undie stated that due to political wind in the country, he conducted background checks on Gbajabiamila, who is contesting for the speakership of the House, and found out that he was on February 26, 2007 convicted for fraud and dishonesty in the sum of $25, 000 belonging to a client in the USA as a settlement of the client's personal injury claims deposited in the Attorney Trust Account in January, 2003.
He averred that the certified true copy of the Judgement of the Supreme Court of Georgia, Atlanta, USA in suit No. S06Y0829 in the disciplinary matter of Femi Gbaja Per Curiam, in a concurrent judgment led by Chief Justice of the State of Georgia, Justice Hugh Thompson and six others, was issued on 12th June, 2015 by the Clerk of the court, Theresa Barnes.
He stated that Gbajabiamila violated Rule 1-15(1) of Georgia Rules of Professional Conduct set forth in Bar Rule 4-102(d), which is punishable with disbarment and was suspended from Law practice in the USA for 36 months (three years) even though he refunded the client's money in 2006 and "his lawyers filed a certification of compliance of the Supreme Court ruling as of March 2007."
"The name Femi Gbaja being the name he was being referred to in the case file, accepted payment of $25, 000 as personal injury claims and deposited those funds in his attorney trust account in January 2003.
"He failed to disburse the funds to his client; instead he withdrew the funds, closed his practice and left for Nigeria where he ran for elections to represent Surulere I Federal Constituenct in the Federal House of Representatives under the banner of Alliance for Democracy (AD) in 2003. Upon arrival in Nigeria, curiously, Mr Gbaja added another name to avoid detection, he is known in Nigeria with a compound name 'Femi Gbaja-Biamila'", papers attached to the affidavit reads.
Undie further averred that, "It is in the interest of justice to grant the plaintiff's prayers as no single person's ambition is worth the diminishing of of our collective patrimony in good governance and social justice".
No date has been set for the hearing.
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