The Federal High Court in Abuja has been asked to disqualify Mr. Femi Gbajabiamila, the Majority Leader of the House of Representatives, from being elected as a member or Speaker of the House of Representatives, over his alleged conviction for fraud and dishonesty in the United States of America in 2007.
The request was made by one Philip Undie, who described himself as a Nigerian resident in Abuja, who pays his tax, in suit no HC/ABJ/CS/539/2019.
Named as defendants in the suit are, Gbajabiamila, the House of Representatives, the Attorney-General of the Federation and the All Progressives Congress, APC.
Undie through his lawyer, Ayodele Justice, contended in the suit that by virtue of Section 66 of the Nigerian Constitution, the judgment of the Supreme Court of the State of Georgia allegedly convicting and sentencing Gbajabiamila for fraud and dishonesty, he was unfit to be elected as a member or Speaker of the House of Representatives.
He claimed the conviction and sentence were passed by the full panel of the Supreme Court of the State of Georgia in a judgment on February 26, 2007.
He, therefore, urged the court to restrain both the House of Representatives and Gbajabiamila’s party, APC, from accepting his nomination as an aspirant for the office of the Speaker of the House.
The plaintiff alleged that Gbajabiamila, as a practising lawyer in the State of Georgia in the US, “was convicted and sentenced for fraud and dishonesty in relation to the sum of $25,000” belonging to a then client of the lawmaker and as punishment for the offence, Gbajabiamila was suspended from practising as a lawyer for 36 months.
Part of the orders being sought by the plaintiff include, a declaration that the 1st defendant (Gbajabiamila) “is not a fit and proper person to be elected as a member of the House of Representatives and or/as the Speaker of the House of Representatives; an order of injunction restraining the 2nd and 4th defendants (the House and APC) from accepting the nomination of the 1st defendant as an aspirant for the office of the Speaker of the House of Representatives, as well as “an order of injunction restraining the lawmaker from parading himself as a member of the House of Representatives and also as an aspirant for the office of the Speaker of the House of Representatives.”
In the affidavit filed in support of the suit, the plaintiff said: “That the 1st defendant (Gbajabiamila) herein is the same respondent in the said matter with Case No. 506Y0829, IN THE MATTER OF FEMI GBAJA.
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“That it was stated in the said judgment that the 1st defendant admits violating Rule 1.15 (1) of Georgia Rules of Professional Conduct set forth in Bar Rule 4-102 (d). A copy of Rule 1.15 (1) of the State of Georgia Rules of Professional Conduct and Enforcement is hereby attached and marked as ‘EXHIBIT B.’
“That the violation of the above referred rule is punishable by disbarment.
“That the 1st defendant accepted imposition of a sentence of suspension up to 36 months as a punishment for fraud and dishonesty in relation to the sum of $25,000 belonging to a then client of the 1st defendant before the full panel of the Supreme Court of the State of Georgia.”
Undie claimed that Gbajabiamila had admitted that he accepted payment of $25, 000 as settlement of a client‘s personal injury claims, deposited the fund in his Attorney Trust Account in January, 2003 but failed to disburse the fund to the client.
He later withdrew the money, according to the plaintiff “for his own personal use, closed his practice and moved out of the State of Georgia and back to Nigeria to contest election for the House of Representatives in 2003.”
The plaintiff, however, noted that Gbajabiamila later paid the $25,000 to his client in 2006.
