The Federal High Court Sitting in Lagos has fixed
Nov. 16 to hear a suit touching on the Lagos East Senatorial
District Seat.
The seat was previously occupied by Senator Bayo Osinowo who
passed away on June 15, reportedly from complications arising from
the Coronavirus.
The All Progressives Candidate (APC) had subsequently put
forward the name of Mr Tokunbo Abiru as its candidate in a
by-election to fill the vacancy.
But his eligibility is being challenged by the Peoples
Democratic Party (PDP)and its candidate in the poll, Babatunde
Gbadamosi. Listed as first and second plaintiffs they filed a suit
seeking to stop Mr. Abiru from contesting.
The Independent National Electoral Commission (INEC), Abiru, and
the APC are listed as the first to third defendants respectively in
the suit.
In the suit, the PDP and Gbadamosi asked the court to disqualify
Abiru on the grounds that he allegedly has two Permanent Voters
cards, and that he is neither from nor registered to vote in the
Lagos East Senatorial District.
When the case came up for hearing today, counsel to the APC,
Kemi Pinheiro SAN told Justice Chuka Obiozor to dismiss the PDP’s
suit on the ground that it was statute-barred.
The counsel also informed the court that he had filed a
counter-affidavit and preliminary objection to supporting his claim
that the suit was statute-barred in line with the provisions of
Section 285 (9) of the Constitution which provides that “every
pre-election matter ought to be commenced within 14 days of the
date of the occurrence of the event or action complained
about”.
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The defendants contended that the acts complained of in the suit
all occurred on or before September 11th, which is above the period
of 14 days prior to the commencement of the suit.
The defendants also argued that Abiru’s residency or indigene
status is not recognized grounds upon which he could be
disqualified from contesting an election.
They also submitted that “the mode and manner in which a
grievance regarding double voter registration can be ventilated has
been well captured in the Electoral Act which provides that it has
to be by a criminal charge.”
The APC and its candidate, therefore, contended that the suit
was “incompetent, discloses no reasonable cause of action” and that
the court lacked jurisdiction to hear and determine the same.
The PDP counsel, Mr. Ebun-Olu Adegboruwa (SAN) has told the
court that he filed an Originating Motion but needed time to file a
response to the defendant’s preliminary objection.
Justice Obiozor subsequently adjourned further proceedings till
November 16.
Read more https://swordpress.com.ng/2020/11/03/apc-asks-court-to-dismiss-pdps-objection-to-abirus-candidacy/