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Lagos East Senatorial Bye-Election: Court To Hear PDP’s Case Against Abiru’s Candidacy On January 15

The Federal High Court sitting in Lagos, has adjourned till January 15, further hearing of the case filed by the People’s Democratic Party against the candidate of the All Progressives Congress, Mr Adetokunbo Abiru in the just concluded bye-election for the Lagos East Senatorial District.


A file photo of a court gavel.
A court gavel.
A file photo of a court gavel.

 

The Federal High Court sitting in Lagos, has adjourned till January 15, further hearing of the case filed by the People’s Democratic Party against the candidate of the All Progressives Congress, Mr Adetokunbo Abiru in the just concluded bye-election for the Lagos East Senatorial District.

In the case, the PDP and its candidate in the elections, Mr Babatunde Gbadamosi asked the court to hold that Mr Abiru was not qualified to stand as a candidate of the All Progressive Congress, in the bye-election that held on December 5.

Mr Abiru had been declared winner of that election.

But the plaintiffs (PDP and Gbadamosi) dragged the Independent National Electoral Commission, Mr. Abiru and the APC to court, seeking to disqualify him from contesting the election on the ground of double voters’ registration and violation of section 31 of the Electoral Act.

Through their counsel, Ebun-Olu Adegboruwa (SAN), the plaintiffs are seeking an order directing INEC to delete the name of Abiru and the APC from the list of the candidates and political parties entitled to participate in the said bye election.

The plaintiffs are also asking for an order nullifying, cancelling and voiding the nomination, submission and acceptance of the name of Abiru as the candidate of the APC for the bye-election and an order disqualifying Abiru from contesting the election.

When the case came up on Wednesday before Justice Chuka Obiozor, Mr Adegboruwa (SAN) represented the plaintiffs, while Taminu Inuwa (SAN), represented INEC.

Mr Kemi Pinheiro (SAN), represented Abiru and Mr Abiodun Owonikoko (SAN), stood in for APC.

Mr Adegboruwa adopted all the processes filed on behalf of the plaintiffs, and asked the court to hold that Abiru was not eligible to stand as a candidate in the election because of the false declarations he allegedly made to INEC under oath.

Adegboruwa also stated that Abiru deserves to be disqualified on the ground of possession of multiple voter’s registration.

Inuwa on behalf of INEC urged the court to dismiss the case of PDP on the ground that it is not every false declaration on oath that will lead to the disqualification of a candidate. He maintained that Abiru has substantially satisfied the conditions for qualification as stated under the Constitution and the Electoral Act.

The Senior lawyers took arguments in turn from 10am till 7pm, when it became clear that the case could not be concluded.

Thereafter, further hearing in the matter was then fixed for January 15, 2021.