In an originating summon filed before Abuja Federal High court yesterday by Registered Trustees of Social Justice and Civil Rights Awareness Initiative, the lawyers are seeking for an order of the court declaring Gbajabiamila not fit and proper person to be elected member of the House of Representatives.
The suit was entered by Chukwuma Nwachukwu Esq and Osita K. Nwaikpo Esq of Law Bond Solicitors Abuja, asking the court to restrain the House of Representatives and the Attorney General of the Federation from accepting nomination of the first defendant (Gbajabiamila) for office of speaker of the House.
In an affidavit in support of the originating summons, the lawyers have recently discovered that Gbajabiamila was convicted in United States of America in the state of Goergia for unethical practices and was debarred for 36 months on 26 February, 2007 by the Supreme Court of state of Georgia.
And that they have also discovered that Gbajabiamila has a United States international passport even though he has Nigerian descent which contravened the constitution as regards membership of the House of Representatives
“The mood of the nation today will not warrant placing the position of speaker of the House of Representatives in the hands of any individual with tainted character by possessing American passport as a citizen which supposes that Hon. Femi Gbajabiamila has pledged his allegiance to another country contrary to the provision of section 66(1) (a) of the constitution which provides thus:
“No person shall be qualified for election to the senate or the House of Representatives if (a) subject to the provisions of section 28 of this constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or except, in such cases as may be prescribed by the National Assembly, has made declaration of allegiance to such a country.
He was convicted of theft of his client`s funds in the year 2007, which contravenes section 66 of the constitution and “is clear on the time lapse before anyone convicted of a criminal offense bothering on dishonesty could contest election again within a period of less than 10 years before the date of an election to a legislative house.”