A Lagos High Court, in Ikeja on Thursday struck out an application seeking to stop the Peoples Democratic Party, PDP, governorship aspirant, Musiliu Obanikoro, from taking part in the party’s primaries in Lagos State.
The ex-parte application which was brought by three PDP members, Babaunde Ogun, Suleiman Saheed and Wasiu Odusan, was dismissed by Justice Kazeem Alogba.
The applicants, through their counsel, Wahab Shittu, had asked the court for an order of interim injunction restraining Obanikoro from taking part in the December 8 PDP governorship primaries or that of any other political party.
Shittu, who filed the ex-parte application on behalf of his clients, urged the court to stop the PDP from nominating Obanikoro to INEC as its candidate for the 2015 governorship election in Lagos State as he was not fit to contest for any political position as provide for in Paragraph 4 (a) of Part iv of the Electoral Guidelines for Primary Elections, 2014 of INEC.
The counsel presented some documents, including an application form bearing Onikoro Musiliu Babatunde, to support of the motion.
Shittu said that Obanikoro had dual citizenship and also presented a forged birth certificate to the INEC in December 2006.
In his ruling, Justice Alogba said that the reliefs being sought by the applicants in the ex-parte motion and the originating summons were not in any way new to the court.
“The court will refrain from making any interim or interlocutory order that will seem like the main action has succeeded,” he said.
Alogba noted that the applicants through their counsel had filed the substantive suit on November 14 but chose to file an ex-parte application dated November 25.
The judge said Obanikoro should be given a fair hearing on the matter considering the gravity of the allegations made against him.
The presiding judge, however, adjourned the matter to December 9 for hearing of the originating summons and directed the applicants to put the respondents on notice.