Name substitution: Court orders APC, INEC to recognise Eshilokun as Lagos Island candidate

A Federal High Court in Lagos on Friday declared Wasiu Eshilokun as the All Progressives Congress (APC) candidate in Lagos Island Constituency 1 for the April 11 election into the Lagos State House of Assembly.
Eshilokun, a former Secretary of the APC in Lagos State, had challenged the substitution of his name with that of one Hakeem Masha who, he said, lost to him in the primary election.
According to him, he polled 186 votes to beat seven other candidates in the primary election conducted by the APC to select a candidate for Lagos Island Constituency 1.
The applicant, also a former Chairman of Lagos Island Local Government, had sued the APC, the Independent National Electoral Commission (INEC) and Masha as respondents in the suit.
Delivering judgement in the case, Justice Ibrahim Buba, ordered INEC to immediately recognise Eshilokun as the APC candidate.
Buba held that the suit was initiated following due process and from the records, it was clear that the parties were adequately and properly served.
The judge said that the defendants never denied the fact that Eshilokun contested and won the primary election and that his name was initially forwarded to INEC as the candidate of the APC.
He said that he relied on a letter written by the APC asking INEC to recognise Eshilokun as its candidate with reference number APC/NHDQ/INEC/19/015/175 and dated January 15, 2015.
According to him, the letter was jointly signed by the party’s National Chairman and Secretary, John Odigie-Oyegun and Mai Mala Buni respectively.
Buba said a portion of the letter read: “We write to request for the reinstatement of our party’s substituted candidate – Wasiu Eshilokun Sanni, in respect of Lagos Island Constituency 1 for the Lagos State House of Assembly.”
He said that the words of the letter were clear and wondered why the counsel of the APC, Mr Femi Falana (SAN) and that of Masha, Mr Bonojo Badejo (SAN), were still contesting the suit.
“As a matter of fact, I wonder what learned silk Falana and Badejo were still doing with this case after being confronted with the letter which was attached as exhibit to this suit,” Buba said.
On the issue of waiver, the judge ruled that the APC had, by its action of clearing him, granted Eshilokun the waiver to contest the primary election after he had duly paid the required fees.
The judge granted an order restraining Masha from parading himself as the candidate of the APC for election into Lagos Island Constituency 1 of the Lagos State House of Assembly.
Buba, who dismissed the four preliminary objections filed by Falana on behalf of the APC and Badejo, on behalf of Masha, however, made no order as to cost.
Badejo had filed two preliminary objections questioning the service of the processes on his client as well as other parties.
He had also argued that there was no clear waiver permitting Eshilokun to contest the primary election.
Falana, on his part, argued on two preliminary objections, questioning the court’s jurisdiction to entertain the suit.
He had argued that the suit was not initiated by due process of law and that the action was frivolous, vexatious and an abuse of court process.
Eshilokun had asked the court to declare that INEC and APC were not lawfully entitled to substitute his name, having been declared the winner of the primary election organised by the party.
He said that they were not entitled to substitute his name as he had satisfied all statutory requirements culminating in the submission of his name to INEC.