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Court to rule on senator’s alleged dual citizenship suit

By Iyabo Lawal, Ibadan
26 January 2016   |   10:58 pm
A Federal High Court sitting in Abuja has fixed judgment for March 8, in a suit filed by five voters seeking the removal of the senator representing Oyo Central Senatorial District in the upper chamber, Monsurat Sunmonu over alleged dual citizenship.

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A Federal High Court sitting in Abuja has fixed judgment for March 8, in a suit filed by five voters seeking the removal of the senator representing Oyo Central Senatorial District in the upper chamber, Monsurat Sunmonu over alleged dual citizenship.

The presiding judge, Justice E.S Chukwu will also on the same day rule on the preliminary objection filed by Sunmonu challenging the jurisdiction of the court to entertain the suit

In the suit, the claimants are asking the court to remove Sunmonu from office for alleged voluntarily acquisition of the United Kingdom citizenship and also calling on the a Independent National Electoral Commission (INEC ) to withdraw her certificate of return and bar her from parading herself as a Senator.

The claimants are: Wahab Abiodun, Alhaji Bola Akinyemi, Chief Emmanuel Olajide, Chief Samuel Elegbede and Chief Thomas Ajao.
Joined in the suit, as defendants are the former speaker and the electoral commission.

Moving his preliminary objection, counsel to Sunmonu, who is the first defendant, Tola Oshobi said the matter is an election matter, which had already been decided in favour of the defendant by the election petition tribunal and the Appellate Court.

But counsel to the claimants, Chief Titus Ashaolu (SAN), countered that the matter was a constitutional issue requiring the court to interpret Sections 66 and 107 of the 1999 Constitution, which preclude anyone with dual citizenship from holding the office of a Senator.

Ashaolu said his clients were not concerned about whatever transpired at the March 28, 2015 National Assembly polls in Oyo Central but the legality of Sunmonu’s continued stay in office as a Senator, despite having sworn allegiance to the UK flag.

The counsel tendered six exhibits backed with five affidavits deposed to by the claimants, including a certified true copy of Sunmonu’s nomination forms wherein she allegedly affirmed her dual nationality.

However, Sunmonu’s counsel argued that since the APC Senator is a Nigerian by birth, the claims made by the claimants’ counsel only affected those who acquired another citizenship by naturalization.
After listening to both counsel, Justice Chukwu reserved judgment on the substantive suit and ruling on the preliminary objection challenging, among others, his jurisdiction to entertain the matter to March 8.

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