By Vivian Okejeme Abuja
Femi Gbajabiamila, a lawmaker, representing Surulere Constituency 1 in the House of Representatives, will be arraigned at Abuja Grade 2 Area Court Karshi, June 10.
Gbajabiamila will appear before the court to answer to criminal charge bothering on alleged lying under oath.
According to the Complainant, a political party, African People’s Party, (APP)the defendant lied under Oath in his INEC form 001 where he allegedly lied under oath and thereby committed perjury.
The complainant premised the direct criminal complaint pursuant to Sections 88 and 89 of the Administration of Criminal Justice Act, 2015.
Gbajabiamila is among the major contenders for the position of the Speaker of the House of Representatives in the Ninth Assembly billed for inauguration on June 11.
The party had approached the court seeking leave to serve the defendant criminal summons by substituted means.
They prayed the court for an order to serve the summon on the defendant through the office of the clerk of the National Assembly of the Federal Republic of Nigeria .
Granting the order, the presiding judge, Hon. Ana’s Isah Mohammed held that, “An order is hereby granted granting the the Complainant leave to serve the defendant the summon through the office of the clerk of the National Assembly of the Federal Republic of Nigeria”.
In the said complaint , the Complainant submitted that Gbajabiamila has been a member of the Federal House of Representatives since 2003 and presently a member of the House of Representatives representing the people of Surulere 1, Federal Constituency.
“The defendant graduated from the Nigerian Law School and hereafter proceeded to the United State of America whereas he was admitted to practice as Attorney Solicitor and Counsellor in the Several Court of Georgia except the Supreme Court and the Court of Appeal of Georgia under the name Femi Gbaja.
The Complainant contended that Gbajabiamila was convicted for fraud in the UK ,but lied under oath when he denied in his INEC form that he has never been fine for any offence involving dishonesty or fraud or any offence imposed by a Court or Tribunal.
The Complainant who attached the defendant INEC form 001 also submitted that the defendant lied when he said tht he has not in the last ten years been convicted for an offence involving dishonesty.
Giving the background of the case in US in a complaint letter dated November 12 , 2014 written to State Bar of Georgia , Grievance,
attached to the suit, the Complainant , one Hanyator Barry had submitted that, “ I was involved in car accident 12-24-2001 in Morland avenue with my daughter and sister , Yaye T. Barry. We hired a lawyer Mr. Bleiberg together (Sister Andi). Later on we fired him. I hired a lawyer Mr. Harry Malka, my sister Yaye T. Barry hired Mr. Femi Gbaja.
“Mr. Femi Gbaja took my case without my consent , for my check 25.000.00$ from the insurance company Vesta. P.O Box 23410 Nashville TN, 31202 without my consent cashed and left.
“I have never seen him, never talk to him or contacted him. One of his associate is Mr. Sam Phone 404_581_9511 try to convince me that I will recieve my money . He was lying . I never recieve anything .
“Please I need you to help because I did not finished my treatment . I lost one eye , seven teeth, in the accident and two broken legs and I was disfigured”.
Furthermore, the Complainant had attached a copy of the decision of the Supreme Court which convicted the defendant.
The decision reads in part, “In the Supreme Court of Georgia, S06Y0829 IN THE MATTER OF FEMI GBAJA PER CURIAM.
“The disciplinary matter is before the Court on Respondent Femi Gbaja’s Petition for Voluntary Discipline , which was filed under Bar Rule 4-227(b)(2) before a formal complaint was issued . In his petition, Gbaja admits violating Rule 1.15(I) of the Georgia Rules of Professional Conduct set forth in Bar Rukr 4-102(d). Although a violation of this rule is punishable by disbandment, Gbaja requests the imposition of a 24-month suspension . He agrees , however to accept a suspension of 36 months. The State Bat had no objection to the acceptance of Gbaja’s petition so long as the suspension is no less than 36 months
“Gbaja who has only been a member of the Bar since 2001 , admits 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, failed to promptly disburse those funds to his client, withdrew those funds for his own use, closed his practice and moved out of the country.
The Complainant is however contending that the defendant refused to state the correct position of his conviction and punishment in his INEC form but rather pretended as if nothing happened.