The All Progressives Congress (APC) Monday asked a Federal High Court in Lagos to dismiss a suit seeking to disqualify its candidate, Tokunbo Abiru, from the bye-election to fill the Lagos East Senatorial seat.
Abiru is vying to replace Senator Bayo Osinowo, who died on June 15, reportedly following complications from the Coronavirus.
But his eligibility is being challenged by the People’s Democratic Party (PDP)’s and its candidate in the poll, Babatunde Gbadamosi, who are first and second plaintiffs respectively.
The Independent National Electoral Commission (INEC), Abiru and the APC are the first to third defendants respectively in the suit.
The PDP and Gbadamosi are praying for Abiru’s disqualification on the grounds that he allegedly has two Permanent Voters cards, and that he is neither from nor registered to vote in the Lagos East Senatorial District.
The bye-election, scheduled for last Saturday, was postponed by INEC following the near nationwide #EndSARS protests.
A new date is yet to be fixed.
But when the case was case was called yesterday, counsel to the APC, Mr Kemi Pinheiro SAN urged Justice Chuka Obiozor to dismiss the PDP’s suit on the ground, among others, that it was statute barred.
He informed the court that he had filed a counter affidavit and preliminary objection establishing that the case is statute barred.