Lagos East By-election: Court affirms Abiru’s victory

Akin Olayemi

The Federal High Court has affirmed the victory of Senator Tokunbo Abiru representing Lagos East Senatorial district at the upper chamber.

Abiru, who contested and won the December 5, 2020 Lagos East senatorial by-election under the platform of the All Progressives Congress, APC had his eligibility to stand for the by-election challenged by the candidate of the Peoples’ Democratic Party, PDP, Babatunde Gbadamosi before Hon. Justice Chuka Obiozor of the Federal High Court, Lagos Division.
Gbadamosi had dragged his rival to court over issues bordering on residency and indigeneship.

In a unanimous judgment delivered by Justice Obiozor, the Federal High Court dismissed the appeal by the PDP candidate for lacking in merit.

He ruled that the issue of residency and indigeneship are not disqualifying factors under the constitution; consequently, the reliefs sought by the Plaintiffs were dismissed.
On the issue of registration or double registration, the Judge held that registration is not a disqualifying factor under Section 65 and 66 of the constitution. Thus, the allegations of double registration cannot disqualify the 2nd Defendant and the reliefs sought thereon were dismissed

The Judge also dealt with the notice of Preliminary Objection filed by Kemi Pinheiro, SAN on behalf of the 2nd Defendant, Sen. Adetokunbo Abiru while agreeing with his contention that part of the reliefs sought by the Plaintiffs were statute barred having not been brought within 14days of the accrual of the cause of action as contemplated under Section 285 of the constitution, consequently, reliefs 2, 3, 4, 5,10 and 11 were struck out.

He, therefore, held that there was no merit in the case of the Plaintiffs and dismissed same for being unmeritorious.

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