The Supreme Court has dismissed a suit filed by the Peoples Democratic Party (PDP) and its candidate in the last general election, Babatunde Gbadamosi, seeking to disqualify Senator Ad-etokunbo Abiru, of the All Progressives Congress (APC) from continuing to represent Lagos East Senatorial District at the senate.
In dismissing the suit yesterday, the apex court also slammed a fine of N1 million on PDP and Gbadamosi in favour of Abiru and the APC. Abiru had won the December 5, 2020, senatorial bye-election by a landslide, polling 89,204 votes against Gbadamosi’s 11,257 votes. Dissatisfied with the outcome, Gbadamosi and the PDP challenged Abiru’s eligibility to contest the election, raising, among others, allegations of double voter registration, residency and indigeneship at both the high and Appeal Courts. But, after losing at both courts, the appellants approached the apex court. In the lead judgement delivered by Justice Adamu Jauro, the apex court upheld the arguments of Kemi Pinheiro (SAN), for Abiru and Abiodun Owonikoko (SAN), for APC that the appeal lacked merit.
The court in resolving the first issue against the appellants held that their failure to disclose the date of publication before the trial court was vital to their case as that fact was material to the determination of the case. As a result, the court held that the case at the trial court was not competent and consequently dismissed the same. Following the resolution of issue one against the appellant, the appeal was held to be lacking in merit and the same was therefore dismissed.
