• Latest
  • Trending

Lagos-East: Tokunbo Abiru asks court to strike out PDP’s suit

2 months ago

Yuguda Kila’s death huge loss to Kano State, Nigeria – Reps

9 hours ago

Sanwo-Olu unveils new e-hailing taxi scheme, ‘Lagos Ride’

11 hours ago

Nigeria has no reason not to be a Great Nation – Onu

13 hours ago

CAS begins hearing of Ahmad Ahmad’s appeal against FIFA

14 hours ago

Communal clash: Kwara imposes curfew on Offa, Erinle

14 hours ago

House of Reps. loses another member, Yuguda Kila representing Kano Constituency

15 hours ago

Governor Akeredolu swears in Chief of Staff, Olugbenga Ale

15 hours ago

Ghana court upholds President Akufo-Addo’s election victory

15 hours ago

NFF confirms dates for Super Eagles’ final AFCON qualifiers

15 hours ago

US suspends tariffs on UK goods in trade dispute

15 hours ago

Insecurity: Buhari directs Immigration Service to tighten Security around borders

16 hours ago

Lukaku: Man United to demand payment of 43m pounds from Inter Milan

17 hours ago
  • HOME
  • ADVERT RATE
  • Privacy Policy
  • CONTACT US
TVC News
  • Home
  • News
  • Business
  • Politics
  • Sports
  • Entertainment
  • Shows
  • Video
No Result
View All Result
Friday, March 5, 2021
Livestream
Advertise Here
TVC News
No Result
View All Result

Lagos-East: Tokunbo Abiru asks court to strike out PDP’s suit

January 15, 2021
in News, Nigeria, Politics
2 min read
Share on FacebookShare on Twitter

The Senator representing Lagos East Senatorial District, Tokunbo Abiru, on Friday asked a Federal High Court in Lagos to dismiss a suit challenging his eligibility for the office.

Mr Abiru, of the All Progressives Congress (APC), told Justice Chuka Obiozor that the suit filed by the People’s Democratic Party (PDP) candidate in the December 5 senatorial by-election, Babatunde Gbadamosi, was incompetent, defective and ought to be struck out.

The plaintiff claimed that Mr Abiru was ineligible for the election on grounds relating to alleged double voter registration and indigeneship.  But Mr Abiru, who won the election by a landslide, polling 89,204 votes against his rival’s 11,257 votes, argued his objection to the suit through his counsel Kemi Pinheiro.

The lawyer told the judge that the Plaintiff’s suit was statute-barred, incompetent and was commenced via a wrong procedure.

Relying on his preliminary objection and written address, Mr Pinheiro observed that Mr Gbadamosi’s Originating Summons was “incompetently and inelegantly drafted” and contained “ungrantable reliefs.”

Advertisement

He stated that the Plaintiff formulated nine issues which relates to double registration and indigeneship but that rather than argue the said issues, the Plaintiffs went on to argue two new different and distinct issues.

He argued that the only thing left for the Court to do was to strike out the said Originating Summons for being defective.

Citing Order 3 Rule 6 and 7 and of the court’s rules, Mr Pinheiro argued further that the action ought not to have been commenced by Originating Summons, “and as such, the Plaintiffs had come under the wrong procedure.”

As regard the allegations of crime against Mr Abiru, the counsel stated that the suit was a civil action brought by originating summons and the court could not make a finding on an allegation of crime.

Mr Pinheiro noted further that the Plaintiffs do not even have the fiat of the Attorney-General to prosecute any alleged offence. He relied on Apoti v. INEC where it was held that the Plaintiffs cannot convert a civil proceedings into a criminal proceedings, and on Oluwashogo v. INEC where it was held that the issue of double registration or holding of two voter cards does not constitute a disqualifying element.

Advertisement

He argued that the right to vote under section 66 was very narrow and that residence of the candidate does not fall under such.

Relying on INEC v. Atuma, he noted that the issue of residency does not disqualify a candidate from contesting an election. He drew the court’s mind to Faleke v. INEC, where the court held that a candidate cannot be disqualified by reason of him registering in a different constituency and that sovereignty belongs to the people to choose their elected officials and not the Court to choose for the people.

The plaintiff’s counsel, Mr Ebun-Olu Adegboruwa, SAN, could not respond due to the absence of the APC’s counsel, Mr Abiodun Owonikoko, SAN.

Due to the earlier requests for an adjournment to enable Owonikoko SAN take the APC’s counter affidavit  and arguments, Justice Obiozor adjourned till January 22,  for continuation of arguments.

Advertisement
Tags: Babatunde GbadamosiLagos East Senatorial ElectionSenator Tokunbo Abiru
SendShareTweetShare

Related Posts

News

Lagos By-Elections: Obafemi Hamzat votes in Epe

3 months ago
News

By-election: Police restrict movement in five Lagos LGAs

3 months ago
News

Lagos East: APC accuses PDP candidate of ‘WAEC certificate forgery’

3 months ago
News

ADP gov candidate pledges to assist victims of Abule Egba fire incident

2 years ago
News

ADP guber candidate reels out plans for Lagos if elected

2 years ago
News

NIM boss unveils plan to engage in voter education

3 years ago




TVC News Nigeria

© 2020 TVC News
First with Breaking News
All Rights Reserved

Navigate Site

  • HOME
  • ADVERT RATE
  • Privacy Policy
  • CONTACT US

Follow Us

No Result
View All Result
  • Home
  • News
  • Business
  • Politics
  • Sports
  • Entertainment
  • Shows
  • Video

© 2020 TVC News
First with Breaking News
All Rights Reserved

Login to your account below

Forgotten Password?

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In

Add New Playlist

quality online essay writing service