The plaintiffs, Alhaji Badmus Agboola and Dauda Atomoh, are seeking the removal of George from the board because he is an ex-convict.
Olabode George was convicted by Justice Joseph Oyewole of the Lagos State High Court for fraud he committed during his tenure as the Chairman of the Nigerian Ports Authority (NPA).
The judgment was upheld by the Court of Appeal, Lagos.
The plaintiffs in the suit are urging the court to declare that in view of the defendant being an ex-convict, he is not qualified to be a member of the BOT.
The Independent National Electoral Commission (INEC) and PDP are joined as defendants in the suit.
The party chieftains want the court to determine whether, based on the conviction and sentencing, the PDP is not obliged to bar George from functioning as a BOT member.
They urged the court to declare that by the combined effect of Section 223 of the 1999 Constitution (as amended) and Section 86 of the Electoral Act 2010 (as amended), INEC cannot ignore George’s membership of the party.
They are, therefore, praying the court to hold that in view of INEC’s constitutionally, it is obliged to direct the PDP to remove George as a BOT member.
The suit, No. FHC/L/CS/973/2013 is yet to be assigned to a judge. (NAN)