The Senator representing Lagos East Senatorial District, Mr. Tokunbo Abiru, on Friday asked Justice Chuka Obiozor of a Federal High Court in Lagos to dismiss the challenge on his eligibility for the office by the Peoples Democratic Party (PDP) Abiru of the All Progressives Congress (APC), told the judge that the suit filed by the Peoples Democratic Party’s (PDP) candidate in the last December 5 senatorial bye-election, Babatunde Gbadamosi, was incompetent, defective and ought to be struck out. In the suit, Gbadamosi claimed that Abiru was ineligible for the election on grounds of alleged double voter registration and indigeneship.
However, in his objection, Abiru, who won the election by a landslide, polling 89,204 votes against Gbadamosi’s 11,257 votes, argued through his lawyer, Kemi Pinheiro (SAN), that the suit was statute-barred, incompetent and wrongly commenced procedurally. Relying on his preliminary objection and written address, Pinheiro observed that Gbadamosi’s originating summons was “incompetently and inelegantly drafted” and contained “ungrantable reliefs”.
He stated that Gbadamosi formulated nine issues relating to double registration and indigeneship, but rather than argue the said issues, he went on to argue two new different and distinct issues. The silk further argued that the only thing left for the court to do was to strike out the said originating summons for being defective. Citing Order 3 Rule 6 and 7 of the court’s rules, Pinheiro argued further that the action ought not to have been commenced by originating summons “and as such, the plaintiffs had come under the wrong procedure.”