The five plaintiffs; Wahab Abiodun, Alhaji Bola Akinyemi, Chief Emmanuel Olajide, Chief Samuel Elegbede and Chief Thomas Ajao in a suit delineated FHC/ABJ/CS/760/201 filed on September 14, 2015 filed the suit against Senator Sunmonu for themselves and on behalf of the electorate in the district. Also joined as respondent alongside Senator Sunmonu is the Independent National Electoral Commission (INEC) and the Originating summons filed by their counsel, Chief Titus Ashaolu (SAN) is asking for an order of court declaring that Senator Sunmonu lacks the requisite capacity to hold the office of a senator having voluntarily acquired the citizenship of United Kingdom against the letters and spirit of Section 66 subsection 1 (a) of the 1999 Constitution as amended. They are also asking for a court declaration of non-qualification to stand for the March 28, 2015 election, which is one of the grounds upon which Chief Bisi Ilaka, the Accord Party’s candidate, is challenging the declaration of Sunmonu as the winner of the election. The summons cited Section 66 (1) (a) which states that “No person shall be qualified for election to the Senate or the House of Representatives if: (a)…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 a declaration of allegiance to such a country. They argued that since Sunmonu had sworn to an oath of allegiance to the UK government, the court should declare her seat vacant for non-conformity with constitutional requirement and also asked for an order compelling INEC to withdraw the certificate of return issued to her. Part of the reliefs sought from the court is an order of perpetual injunction restraining Sunmonu from parading herself as a senator representing Oyo Central Senatorial district and to buttress their averments, a certified true copy of Sunmonu’s nomination form in which she answered ‘yes’ to the questions relating to dual citizenship was attached. They averred further that her reply to question number nine under personal particulars- Have you voluntarily acquired citizenship of any other country? (If yes, what country?)- was “Yes, United Kingdom.”, adding that the same reply; Yes, United Kingdom- was given by her to question 10 in which asked Have you made a declaration to that or any other country? (If yes, specify the country). The form was also accompanied by a statement on oath sworn by Senator Sunmonu on December 17, 2014 where she declared that information provided are “true and correct and I have to the best of my knowledge fulfilled all the requirements for qualification into the office I am seeking to be elected.” Senator Sunmonu worked as Home Officer (immigration officer) with the UK government for 21 (1989-2010) before leaving for Nigeria in 2010 to join partisan politics.]]>