Court adjourns for further hearing to determine PDP case against Abiru for Lagos Senatorial Bye Election

Legal fireworks resumed Wednesday at the Federal High Court, Lagos, in the case filed by the People’s Democratic Party (PDP) and its candidate in the just concluded bye-election for the Lagos East Senatorial District. In the case, the plaintiffs are urging the court to hold that Mr Adetokunbo Abiru was not qualified to stand as a candidate of the ruling All Progressives Congress (APC), in the bye-election that held on December 5, 2020. PDP and its candidate in the said election, Mr. Babatunde Gbadamosi, had dragged the Independent National Electoral Commission (INEC), Mr. Abiru and 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, PDP is seeking an order directing INEC to delete the name of Abiru and APC from the list of the candidates and political parties entitled to participate in the said bye election. PDP 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.

When the case came up yesterday before the Hon Justice Professor Chuka Obiozor, Adegboruwa, SAN, represented the plaintiffs, while T. I. Inuwa, SAN, represented INEC. Mr Kemi Pinheiro, SAN, represented Abiru and Mr Abiodun Owonikoko, SAN, stood in for APC.

Adegboruwa adopted all the processes filed on behalf of the plaintiffs, urging the court to hold that Abiru was not eligible to stand as a candidate in the election because of false declarations made to INEC under oath. He also stated that Abiru deserves to be disqualified on the ground of possession of multiple voter’s registration.

Inuwa on behalf of INEC urged the court to dismiss the case of PDP on the ground that it is not every false declaration on oath that will lead to the disqualification of a candidate. He maintained that Abiru has substantially satisfied the conditions for qualification as stated under the Constitution and the Electoral Act.

Earlier in the proceedings, Adegboruwa had withdrawn his motion for amendment to enable the court hear the substantive case of the plaintiffs.

The Senior lawyers took arguments in turn from 10am till 7pm, when it became clear that the case could not be concluded.

The Judge agreed with the SANs to adjourn further hearing to January 15, 2021.