Dr. Olusegun Mimiko

Court asked to void Agagu’s clearance By Francis Famoroti, Tribune. Published: Wednesday, 28 Mar 2007

A Federal High Court in Abuja was on Tuesday asked to void the clearance of Ondo State Governor, Dr. Olusegun Agagu, by the Independent National Electoral Commission to contest the forthcoming April 14, 2007 poll.

In the originating summons filed by four indigenes of Ilaje Local Government of Ondo State, they are asking the court for a declaration that Agagu is not qualified for re-election. They claimed that he had been indicted by the Obiora Nwazota Judicial Commission of Inquiry, and the indictment was accepted by the Federal Government pursuant to Section 182 (1()1 of the 1999 Constitution.

The plaintiffs are Messrs Akin Esanmore, Ademola Meitelewawon, Akintubuwa Iseoluwa and Tofas Magbetoni.

They are also praying the court for a declaration that Agagu should be disqualified from contesting, having given false information in his affidavit contrary to section 32(5) of the Electoral Act, 2006.

Besides, they want the court to declare that the purported clearance given to Agagu by INEC, named as second defendant in the suit, was discriminatory, illegal and unconstitutional as it contravened section 42(1) of the 1999 Constitution.

Esanmore and others are asking the court for an order directing INEC to delete forthwith, the name of Agagu from the list of candidates cleared for election.

The plaintiffs are praying for an order of perpetual injunction restraining Agagu from further parading himself as a candidate in the forthcoming governorship election.

The application was filed by the law firm of Falana & Falana on March 23, 2007 and it raised the following questions for determination;

whether the first defendant (Agagu) is not disqualified for election to the office of the Governor of Ondo State having been indicted by the Obiora Nwazota Judicial Commission of Inquiry;

whether the first defendant has not been disqualified as a result of the false information contained in the affidavit submitted by him to the second defendant (INEC);

whether the clearance given to the first defendant by the second defendant to contest the governorship election on April 14, is not illegal and unconstitutional.

The application was accompanied by a 13-paragraph affidavit of support, deposed to by the first plaintiff who averred that the Obiora Nwazota Commission of Inquiry was set up in 2001 to ascertain the extent of the mismanagement of the Nigerian Airways from January 1983 to December 1999 and make appropriate recommendations.

Source: http://www.punchontheweb.com/Articl.aspx?theartic=Art2007032817483846