Candidate of the People’s Democratic Party, PDP Babatunde Olalere Gbadamosi, who lost at the last Lagos East Senatorial elections, to the All Progressive Congress, APC’s Tokunbo Abiru, has lost again in the judgment delivered on Monday, 01 March 2021, by Honourable Justice Obiozor of the FHC, Ikoyi, Lagos Division
In delivering its judgment, the Court first dealt with the notice of Preliminary Objection filed by Kemi Pinheiro SAN on behalf of the 2nd Defendant (Sen. Adetokunbo Abiru). The Honourable Court agreed with his contention that part of the reliefs sought by the Plaintiffs were statute-barred having not been brought within 14 days 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 Honourable 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 Honourable Court in its judgment 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 APCs :
1. That the issue of residency and indegineship are not disqualifying factors under the constitution. Consequently, the reliefs sought by the Plaintiffs predicated upon this allegation were dismissed
2. On the issue of registration or double registration, the court held that registration is not a disqualifying factor under Section 65 and 66 of the constitution. Thus, the allegations of double registration cannot 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.
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