The Court of Appeal, on Thursday dismissed the appeal filed by the candidate of the Peoples Democratic Party, PDP in the December 5th Lagos East Senatorial bye-election, Babatunde Olalere Gbadamosi.
Judgment was delivered via Zoom and the PDP Candidate was online when his appeal was dismissed.
Presiding Judge, Justice Daniel Kallio threw out the prayers of the appellants seeking to upturn the victory of the All Progressives Congress (APC) candidate, Sen. Tokunbo Abiru, for lacking in merit.
The court described PDP and its candidate’s appeal as unmeritorious and consequently affirmed the judgment of the Justice Obiozor J of the Federal High Court, Lagos.
In dismissing the appeal, the Court of Appeal held that the residency of a candidate in an election is not a qualifying or disqualifying factor.
The court also ruled that Abiru did not submit false information to the Independent National Electoral Commission (INEC) as claimed by the PDP and its candidate.
Also, the arguments that Abiru had irreconcilable names canvassed by Gbadamosi’s lead counsel, Ebun-Olu Adegboruwa, SAN, were also quashed as frivolous.
Kemi Pinheiro, SAN, counsel to Senator Abiru proved beyond reasonable doubt that the PDP and its candidate were busy wasting the time of the court by instituting a case that was prima facie defective.
The court agreed with the arguments of Kemi Pinheiro SAN and allowed the Cross-Appeal.
In resolving the Cross-Appeal, the court held that the suit of the Appellants at the lower court was speculative and premature and that the lower court ought to have dismissed same at the instance of the Preliminary Objection filed by the 2nd and 3rd Respondents.