Akeem Nafiu 
The All Progressives Congress (APC) has asked Justice Chuka Obiozor of 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, an ex-banker, is vying to replace Senator Bayo Osinowo, who died on June 15, 2020, reportedly from COVID-19 complications. However, his eligibility is being challenged by the candidate of the Peoples Democratic Party (PDP), Babatunde Olalere Gbadamosi, and the PDP, 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 marked, FHC/L/CS/1361/2020.
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.
When the case came up on Monday, APC’s lawyer, Mr. Kemi Pinheiro (SAN), urged the judge 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.
In the preliminary objection to the suit, it was averred that by virtue of Section 285 (9) of the Constitution, every pre-election matter ought to be commenced within 14 days of the date of the occurrence of the event or action complained about.
The defendants contended that the acts complained of in the suit all occurred on or before September 11, over the period of 14 days prior to the commencement of the suit.
“Having not commenced this suit within 14 days of the occurrence of the actions complained of, this suit is statute barred.”
They further argued that Abiru’s residency or indigene status are not recognised grounds upon which he could be disqualified from contesting an election.
