The Supreme Court on Wednesday dismissed the Peoples’ Democratic Party (PDP)’s suit which sought to disqualify Senator Adetokunbo Abiru of the All Progressives Congress (APC) from continuing to represent Lagos East Senatorial District.
It upheld the argument of Kemi Pinheiro, (SAN) for Abiru and Abiodun Owonikoko (SAN) for APC that the appeal lacked merit.
The apex court also awarded the cost of N1million against the appellants – the PDP and its candidate Babatunde Gbadamosi – and in favour of each of the respondents, Abiru and the APC.
Justice Adamu Jauro wrote the lead judgement.
APC chieftain Abiru won the last December 5 senatorial bye-election by a landslide, polling 89,204 votes against Gbadamosi’s 11,257 votes.
Gbadamosi and the PDP challenged Abiru’s eligibility to contest the election, raising, among others, allegations of double voter registration, residency, indigeneship.
After losing at the lower and appellate courts, the appellants approached the apex court.
Abiru and the APC also filed a Cross-Appeal.
When the matter came up Wednesday, Justice Adamu Jauro wrote the lead judgement, while the four other justices concurred.
The court in resolving the first issue against the appellant held that the failure of the appellant to disclose the date of publication before the trial court is fatal to their case as that fact is 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 same.
Following the resolution of issue one against the appellant, the appeal was held to be lacking in merit and same was therefore dismissed.
Having dismissed the appeal, the Supreme Court held that there was no reason to dabble into the cross appeal, and dismissed same.
Ebun-Olu Adegboruwa (SAN) represented Gbadamosi and the PDP.
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