Ex-Convict Allegation Jams Gbajabiamila’s Aspiration

Femi Gbajabiamila’s aspiration to be Speaker of the House of Representatives was on Wednesday facing serious doubts after he was faced with a court action to bar him from the contest on the claim of being an ex-convict.

The suit at an Abuja High Court was brought by one Mr. Philip Undie who alleged that Gbajabiamila is not a fit and proper person to be elected as a member of the House of Representatives or as the Speaker of the House of Representatives.

The suit arose from a long-whispered allegation that Gbajabiamila had legal issues in Georgia, United States of America where he formerly practiced law. He was reportedly convicted in 2007 upon issues arising from the case.

Incidentally, one of the present leading proponents of Gbajabiamila’s speakership aspiration had in 2015 worked to expose the matter. It was learnt that the same serving member of the House of Representatives recently travelled to Georgia, United States to seal up the case so that it could no longer be cited.

Undie, who joined the House of Representatives, the Attorney General of the Federation and the All Progressives Congress, APC in the suit alleged that Gbajabiamila was disbarred in Georgia upon the claim that he allegedly converted a claim of $25,000 he won for a client in the state of Georgia.

Undie who put his locus in the case as being a tax payer in the 25 paragraph affidavit of claim is asking the Abuja High Court to determine “Whether upon the construction of section 66 of the 1999 Constitution, as amended, vis-à-vis the judgement of the Supreme Court of the State of Georgia, Atlanta, USA, in Suit No. SO6YO829 in the matter of Femi Gbaja, the 1st Defendant is fit and proper person to be elected to the House of Representatives and/or to the office of the Speaker of the House of Representatives”.

He thus applied for: “A declaration that the 1st Defendant is not fit and proper 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 from accepting the nomination of the 1st Defendant as an aspirant for the office of the Speaker of the House of Representatives, the 2nd Defendant herein.

“An order of injunction restraining the 1st Defendant from parading himself as a member of the House of Representatives, the 2nd Defendant herein and also as an aspirant for the office of the Speaker of the House of Representatives, the 2nd Defendant herein.

“An order of injunction restraining the 2nd,  3rd and 4th Defendants from recognising the 1st Defendant as a member of the 2nd Defendant and or as aspirant for the office of the Speaker of the House of Representatives”.

In the affidavit of claim, Undie deposed thus:

“That following the wind of change that has pervaded the political environment in Nigeria, I deemed it proper to carry out a background check on the leading candidates for the position of Speaker of the House of Representatives for 9th National Assembly.

“That I discovered that the 1st Defendant was a lawyer and practiced in the USA, particularly in the State of Georgia.

“That upon further enquiry, I discovered that the 1st Defendant was convicted and sentenced for fraud and dishonesty in relation to the sum of $25,000 (Twenty-Five Thousand US Dollars), belonging to a then client of the 1st Defendant, for 36 months. 

“A Certified True Copy of the judgment of Supreme Court of Georgia to that effect issued , by Therese ” Tee” Barnes, Clerk of the said Supreme Court of Georgia on the 12th day of June, 2015, is hereby attached and marked as “Exhibit A”.

“That the judgment was delivered by a full panel of the Supreme Court of State of Georgia, comprising of the Chief Justice of the State of Georgia, Hon. Justice Hugh P. Thompson, Hon. Justice P. Harris Hines (Presiding Justice), Hon. Justice Robert Benham, Hon. Justice Carol W. Hunstein, Hon. Justice Harold D. Melton, Hon. Justice David E. Nahmias, Hon. Justice Keith R. Blackwell, on 26th day of February, 2007.

“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). 

“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.

” That the 1st Defendant herein and the same Respondent therein, admitted that he accepted payment of $25, 000 as settlement of a client’s personal injury claims, deposited those funds in his Attorney Trust Account in January, 2003, but failed to disburse those funds to the Client.

“That further to paragraph 18 herein immediately above, the 1st Defendant withdrew those funds 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 the year 2003.

” That by contents of the said judgment, although the Defendant later paid the $25, 000 to his client in 2006, he however admitted that his conduct violated Rule 1.15(1) and that, as a result, he is subject to disbarment.

“That further to paragraphs 17, 18 and 20 above, the Honourable Court convicted and sentenced the 1st Defendant therein to a 36 months suspension from law practice in the United States of America.

” That the story of the 1st Defendant’s conviction by the Supreme Court of Georgia in 2007 has been graphically captured by several internet blogs and websites.

“That the mood of the nation today will not warrant placing the position of the Speaker of the House of Representatives in the hands of any individual that had a tainted and questionable character”, the plaintiff added.

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