The Federal High Court in Lagos, on Monday, on Monday, dismissed the case brought before it by the People’s Democratic Party (PDP) Candidate, Babatunde Gbadamosi, against Senator Tokunbo Abiru and the All Progressives Congress (APC).
Hon. Justice Obiozor, in delivering the judgement, first dealt with the notice of preliminary objection filed by Kemi Pinheiro SAN on behalf of the 2nd Defendant ( Sen. Adetokunbo Abiru).
The Court further agreed 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.
The Court thereafter considered two applications filed by Kemi Pinheiro SAN on behalf of the 2nd Defendant which sought to strike out new facts which the Plaintiffs attempted to introduce via further affidavit.
Owonikoko SAN also filed similar applications on behalf of the APC the third respondent.
The Court in its judgement agreed with Pinheiro SAN and Owonikoko SAN and struck out the new facts sought to be introduced by EBUN Adegboruwa SAN for the Plaintiffs as being statute barred
On the substantive issues, the Court rejected Adegboruwa SAN contentions and agreed with Mr Abiru and APC, that the issue of residency and indegineship are not disqualifying factors under the constitution.
Consequently, the reliefs sought by the Plaintiffs predicated upon the allegation were dismissed.
On the issue of registration or double registration, the court held that registration was not a disqualifying factor under Section 65 and 66 of the constitution, adding that the allegations of double registration could not disqualify the 2nd Defendant and the reliefs sought thereon were dismissed.
In all, the Court found that there was no merit in the case of the Plaintiffs (PDP and Gbadamosi ) and same was dismissed for being unmeritorious.
Recall that Candidate of the All Progressives Congress, Tokunbo Abiru, emerged victorious in the Lagos East senatorial bye-election conducted in the state last year December.
Independent National Electoral Commission announced that Abiru obtained a total of 89,204 votes to defeat his closest opponent, Babatunde Gbadamosi of the Peoples Democratic Party.
Gbadamosi secured a total of 11,257 votes to emerge second.
Abiru won in all the five local government areas in the senatorial district.
Candidates from 12 political parties contested the bye-election.