The Federal High Court, Lagos Division presided over by Hon. Justice Chuka Obiozor has adjourned a suit filed by the Peoples Democratic Party(PDP) seeking to disqualify the candidate of the All Progressives Congress(APC), Mr. Adetokunbo Abiru in the recently concluded Lagos East Bye-Election.

TheNigeriaLawyer reports that the PDP is contending that the APC candidate in the December 5 bye-election was not qualified to contest in the said election and as such, urged the Court to disqualify him.

The Peoples Democratic Party and its candidate, Mr. Babatunde Gbadamosi, had dragged the Independent National Electoral Commission(INEC), Mr. Abiru and the APC to court, seeking to disqualify him from contesting the election on the ground of double voter’s registration and violation of Section 31 of the Electoral Act.

‘In the suit filed on its behalf by human rights lawyer, Ebun-Olu Adegboruwa, SAN, the PDP is 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’.

In addition, PDP is 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 bye election.

Meanwhile, at the resumed hearing today, Mr. Adegboruwa, SAN represented the plaintiffs, while T. I. Inuwa, SAN, represented INEC, Mr Kemi Pinheiro, SAN, represented Abiru and Mr Abiodun Owonikoko, SAN, represented APC.

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

Besides, the learned silk added that Mr. Abiru deserves to be disqualified on the ground of possession of multiple voter’s registration.

Conversely, Mr. 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.

Therefore, he argued that Abiru having substantially satisfied the conditions for qualification as stated under the Constitution and the Electoral Act, he is qualified.

Earlier in the proceedings, Adegboruwa had withdrawn his motion for amendment to enable the court hear the substantive case of the plaintiffs.

However, argument was taken by the Judge from 10am till 7pm, and because of the time constraints, the Judge adjourned further hearing to 15th day of January, 2021.

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