Justice Chuka Obiozor of the Federal High Court in Lagos on Monday dismissed the suit filed by the Peoples Democratic Party seeking to disqualify the winner of the December 5, 2020, Lagos East Senatorial election, Adetokunbo Abiru.
The PDP and its candidate, Ademola Gbadamosi, had challenged Abiru’s eligibility to contest and sought to disqualify Abiru on the grounds of double voter’s registration and violation of Section 31 of the Electoral Act.
Justice Obiozor, in a five-hour judgement, held that the PDP’s case was statute-barred and also disagreed with its counsel, Ebun-Olu Adegboruwa (SAN), that the Independent National Electoral Commission could not transfer a voter’s registration details.
The judge agreed with the APC’s counsel, Kemi Pinheiro (SAN) that the issue of residency and indegineship are not disqualifying factors under the constitution. Consequently, the reliefs sought by the plaintiffs were dismissed
While dismissing the case for lacking merit, Justice Obiozor held that registration was not a disqualifying factor under Section 65 and 66 of the constitution. Thus, the allegations of double registration could not disqualify Abiru and the reliefs sought thereon were dismissed
He said, “I hold that nomination and sponsorship of a candidate for elective office is within the domain of a political party; it is an aspirant within the political party that can complain and not anybody from another party.”