Lagos East Bye-Election: Court Fixes December 9 To Hear Suit Challenging Eligibility Of APC Candidate, Abiru

The Federal High Court, Lagos, is set to determine the issue of eligibility of the candidate of the All Progressive Congress, Mr. Adetokunbo Abiru, in the forth coming Lagos East Senatorial District Bye-Election now rescheduled for December 5, 2020.

The Peoples Democratic Party and its candidate in the said election, Mr. Babatunde Gbadamosi, had 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 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 the INEC to delete the name of Abiru and the APC from the list of the candidates and political parties to participate in the bye election.

It is 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 bye election.

On the last date when the case came up for hearing before Justice Obiozor on November 2, 2020, Adegboruwa informed the court that he was served with a notifce of preliminary objection to the case filed by Kemi Pinheiro, SAN on behalf of Abiru and Abiodun Owonikoko, SAN on behalf of the APC.

In these objections, Abiru and APC are challenging the jurisdiction of the Court to entertain the case of PDP and Gbadamosi on the ground that it is statute-barred, not having been filed within the fourteen days stipulated by section 285 (9) of the Constitution whereas PDD and Gbadamosi have countered the objection by stating that the case was filed within time in view of the fact that INEC published the names of candidates on September 17, 2020 and the case was filed on September 29, 2020.

When the case came up again on November 16, 2020, Adegboruwa informed the court that fresh papers have been filed by all the parties, which would require detailed responses on both sides.

He then applied to withdraw his application for an amendment which Pinheiro and Owonikoko objected to but the court granted it.

The court indicted its preference to take all applications along with the substantive suit, while grentijg the applications of the lawyers to abridge the time for filing their processes.

The case was then adjourned to 9th December, 2020, for definite hearing of all applications.