A high court in the Federal Capital Territory has faulted a political party’s decision to challenge Femi Gbajabiamila’s emergence as House of Representatives Speaker.
The court in a ruling on Friday said the applicants acted recklessly by approaching an area court to determine their application, as the court lacks jurisdiction to entertain the matter.
The court also held that the papers before it were enough to agree with Mr Gbajabiamila’s submissions that he was never convicted as the candidates indicated.
Explaining the proceedings that resulted in the ruling on Wednesday, Mr Gbajabiamila’s lawyer, Olowole Adaja, said that they responded to the application by approaching the FCT High Court with a request that it review the court’s decision to treat the application in a judicial manner.
He said the respondents relied on what they thought to be a Supreme Court decision in Georgia that punished Mr Gbajabiamila after hearing a case of professional misconduct against him by a disciplinary committee.
Mr Adaja further clarified that, according to the respondents, the judgment of Georgia’s supreme court amounted to a conviction, which is why Mr Gbajabiamila should not have denied that he was sentenced when he replied to CF001 before the general elections.
“We, therefore, set the record straight by stating that what had happened in Georgia, United States was not a trial. There was neither an arraignment nor a conviction. And the basis upon which they brought their application is that he had been convicted.
“The court ruled that based on the facts before it, there were no sufficient reasons to submit that Hon. Gbajabiamila had been convicted by any court of law.”
Mr Adaja added that, on the basis of the provisions of the Electoral Act, the court ruled in favor of their submissions that only a High Court, like the immediate one, could entertain the nature of the applicants ‘ request.
Justice A. O Musa issued the judgment
A related request is also pending at the Federal High Court’s Abuja Division.
