Wale Jagun
The Court of Appeal on Thursday, April 29, 2021, dismissed the appeal filed by the candidate of the Peoples Democratic Party (PDP) in the December 5 Lagos East Senatorial bye – election , Mr Babatunde Olalere Gbadamosi.
The Presiding Judge, Justice Daniel Kallio threw out the prayers of the appellants seeking to upturn the victory of the All Progressives Congress, APC Candidate, Distinguished Senator Mukhail Adetokunbo Abiru, FCA for lacking in Merit.
In a release by the Senator’s Special Adviser on Media & Publicity, Mr Enitan Olukotun, said that the Court described PDP and its candidate’s appeal as unmeritorious and consequently affirming the judgment of the Justice Obiozor J of the Federal High Court Lagos.
In dismissing the appeal, the Court of Appeal held that the residency of a candidate to an election is not a qualifying or disqualifying factor.
The Court also ruled that Abiru did not submit false information to the Independent National Electoral Commission, INEC as claimed by the PDP and its candidate.
Also the arguments that the Abiru had irreconcilable names canvased by Gbadamosi’s lead counsel, Ebun-Olu Adegboruwa SAN were also quashed as frivolous.
Kemi Pinheiro SAN, counsel to Senator Tokunbo Abiru proved beyond reasonable doubt that the PDP and its candidate were busy wasting the time Court by instituting case that was prima facie defective.
The Court in its Judgment agreed with the arguments of Kemi Pinheiro SAN and allowed the Cross-Appeal.
In resolving the Cross-Appeal the Court held that the suit of the Appellants at the lower Court was speculative and premature and the lower Court ought to have dismissed same at the instance of the Preliminary Objection filed by the 2nd and 3rd Respondents.
Judgment was delivered via Zoom and Mr. Babatunde Olalere Gbadamosi was online when his appeal was dismissed.
