The Federal High Court Sitting in Lagos has slated Nov. 16 for the hearing of the suit hovering on the Lagos East Senatorial District Seat.
The seat had been left vacant since the passing of Senator Bayo Osinowo who died on June 15, owing to complications from the Coronavirus.
As the Bye-Election was to proceed following Osimowo’s Passing, The All Progressives Candidate (APC) had put forward the name of Mr Tokunbo Abiru as its candidate to fill the vacancy.
But his eligibility is being challenged by the Peoples Democratic Party (PDP) and its candidate in the poll, Babatunde Gbadamosi. Listed as first and second plaintiffs they filed a suit seeking to stop Mr. Abiru from contesting.
The Independent National Electoral Commission (INEC), Abiru, and the APC are listed as the first to third defendants respectively in the suit.
The PDP and its candidate, Babatunde Gbadamosi, are urging the court to disqualify the APC candidate, Tokunbo Abiru, over his alleged possession of two voter cards.
But Abiru and the APC have, through their lawyer, Kemi Pinheiro (SAN) objected by asking Justice Chuka Obiozor to dismiss the PDP’s suit on the ground that it was statute-barred.
Kemi Pinheiro also informed the court that he had filed a counter-affidavit and preliminary objection to supporting his claim that the suit was statute-barred in line with the provisions of Section 285 (9) of the Constitution which provides that “every pre-election matter ought to be commenced within 14 days of the date of the occurrence of the event or action complained about”.
The defendants contended that the acts complained of in the suit all occurred on or before September 11th, which is above the period of 14 days prior to the commencement of the suit.
The defendants also argued that Abiru’s residency or indigene status is not recognized grounds upon which he could be disqualified from contesting an election.
They also submitted that “the mode and manner in which a grievance regarding double voter registration can be ventilated has been well captured in the Electoral Act which provides that it has to be by a criminal charge.”
The APC and its candidate, therefore, contended that the suit was “incompetent, discloses no reasonable cause of action” and that the court lacked jurisdiction to hear and determine the same.
The PDP counsel, Mr. Ebun-Olu Adegboruwa (SAN) has told the court that he filed an Originating Motion but needed time to file a response to the defendant’s preliminary objection.
Justice Chuka Obiozor adjourned hearing in the suit till November 16.
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