The Peoples Democratic Party (PDP) has filed an appeal before the Federal High Court in Lagos, seeking an order to remove James Faleke as the lawmaker representing the Ikeja Federal Constituency of Lagos State in the House of Representatives.
The suit with reference number FHC/L/08/1680/15 was filed by a PDP member, Olakunle Okunola, with the PDP listed as the second plaintiff.
The PDP is alleging 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 the same politician as its deputy governorship candidate for the November 21, 2015 governorship election in Kogi State.
The applicants are urging the court to terminate Faleke’s membership of the House of Representatives, because his voting data had been transferred from the Ikeja Federal Constituency of Lagos State to Ekinrin-ade ward of the Ijumu Local Government Area of Kogi State.
Counsel to the plaintiffs’, 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 plaintiffs an order to serve the defendants through substituted means at their addresses.
In his ruling, Justice Anka granted the order to serve the APC by substituted means but directed the plaintiffs to go to Kogi State and effect personal service on Faleke. The court was adjourned till January 26, 2016.