A Federal High Court in Lagos gave three reasons for dismissing the Peoples Democratic Party’s (PDP)’s suit that sought to disqualify Senator Adetokunbo Abiru of the All Progressives Congress (APC) from continuing to represent Lagos East.
Justice Chuka Obiozor held that the PDP’s case was statute-barred; adding that residency and indigeneship weren’t disqualifying factors under the constitution and neither was the issue of registration or double registration.
The judge, in a five-hour judgment on Monday, upheld Abiru’s argument by way of his counsel, Kemi Pinheiro (SAN) that the PDP’s case was statute-barred, having not been brought inside 14 days as contemplated under Part 285 of the Constitution.
Abiru won last December 5 senatorial by-election by a landslide, polling 89,204 votes against PDP’s Ademola Gbadamosi, who polled 11,257 votes.
A Federal High Court in Lagos gave three reasons for dismissing the Peoples Democratic Party’s (PDP)’s a suit that sought to disqualify Senator Adetokunbo Abiru of the All Progressives Congress (APC) from continuing to represent Lagos East.
Justice Chuka Obiozor held that the PDP’s case was statute-barred; adding that residency and indigeneship were not disqualifying factors under the structure and neither was the issue of registration or double registration.
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The judge, in a five-hour judgment on Monday, upheld Abiru’s argument via his counsel, Kemi Pinheiro (SAN) that the PDP’s case was statute-barred, having not been introduced within 14 days as contemplated under Part 285 of the Constitution.
Abiru won last December 5 senatorial by-election by a landslide, polling 89,204 votes against PDP’s Ademola Gbadamosi, who polled 11,257 votes.
The APC chieftain has since been sworn in.
However, in the suit, his eligibility to contest was challenged by the PDP and Gbadamosi, who were first and second plaintiffs.
The challengers, by their lawyer, Ebun-Olu Adegboruwa, SAN, sought to disqualify Abiru on the grounds of alleged wrong residency and indigeneship and double voter registration.
However, in its judgment, the court agreed with Pinheiro and APC’s counsel Abiodun Owonikoko, SAN that the difficulty of residency and indigeneship are not disqualifying factors under the constitution.
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Justice Obiozor stated: “I maintain that nomination and sponsorship of a candidate for the elective workplace are inside the area of a celebration; it’s an aspirant inside the political get together that may complain and never anyone from one other get together.”
On the problem of nomination, Justice Obiozor famous that the PDP and Gbadamosi “erroneously thought that the reason for motion accrued on September 17, 2020, when the INEC printed the ultimate listing of profitable candidates for election.
“I agreed with the counsel to 2nd defendant Kemi Pinheiro SAN that the reason for motion accrued on the thirteenth when the title was submitted towards the inaccurate argument of the plaintiff by it counsel Ebun-Olu Adegboruwa SAN that the reason for motion accrued on the seventeenth when the Unbiased National Electoral Fee (INEC) rolled out the title of the profitable candidates.
“The plaintiff additionally alleged double registration, which can’t be the idea for disqualifying a candidate going by precept in Agi vs PDP.
“This situation can also be resolved in favour of the defendant towards the plaintiff.
