The All Progressives Congress (APC) Monday asked a Federal High Court in Lagos to dismiss a suit seeking to disqualify its candidate, Tokunbo Abiru, from the bye-election to fill the Lagos East Senatorial seat.
![](https://thenigerialawyer.com/wp-content/uploads/2026/09/2026-IDRI-Masterclass.png")
Mr. Abiru is vying to replace Senator Bayo Osinowo, who died on June 15, reportedly following complications from the Coronavirus.
But his eligibility is being challenged by the People’s Democratic Party (PDP) and its candidate in the poll, Babatunde Gbadamosi, who are first and second plaintiffs respectively.
The Independent National Electoral Commission (INEC), Abiru and the APC are the first to third defendants respectively in the suit marked, FHC/L/CS/1361/2020.
The PDP and Gbadamosi are praying for Abiru’s disqualification on the grounds that he allegedly has two Permanent Voter Cards, and that he is neither from nor registered to vote in the Lagos East Senatorial District.
In the suit filed through their lawyer, Ebun-Olu Adegboruwa (SAN), the PDP also alleged that Abiru is not from any of the local government areas under Lagos East Senatorial District.
The plaintiffs are urging the court to declare that Abiru, “who is not a registered voter in the Lagos East Senatorial District and having registered and exercised his right to vote outside Lagos East Senatorial District, cannot suddenly switch to Lagos East Senatorial District to contest for Senate without valid transfer of his voter registration card to the Lagos East Senatorial District through the 1st defendant (Independent National Electoral Commission).”
The PDP and Gbadamosi are asking the court to order INEC to “delete the name of the 2nd and 3rd defendants (Abiru and APC) from the list of the candidates and political parties to participate in the Lagos East by-election.”
The bye-election, scheduled for last Saturday, was postponed by INEC following the near nationwide #EndSARS protests.
However, Abiru & APC have greeted the suit with a preliminary objection through their Lawyer, Kemi Pinheiro (SAN) praying for the dismissal of the suit.
They argued amongst others that “the complaints in this suit, as captured in questions 1-6 of the originating summons, as they relate to the residency or indigene of the 2nd defendant are not recognised grounds upon which the 2nd defendant can be disqualified from contesting an election.”
In another instance, they canvassed the point that “The mode and manner in which a grievance regarding double voter registration can be ventilated have been well captured in the Electoral Act to be by a criminal charge.”
Pinheiro thus contended that the suit was “incompetent, discloses no reasonable cause of action” and that the court lacked jurisdiction to hear and determine the same.
He prayed for an order staying the hearing of any other application pending the determination of the notice of preliminary objection and an order striking out and/or dismissing the instant suit for want of jurisdiction.”
Responding, PDP counsel Mr. Ebun-Olu Adegboruwa SAN informed the court that he had filed an Originating Motion but needed to file a response to the defendant’s preliminary objection.
Justice Obiozor adjourned further proceedings till November 16.
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
