Hopes of Peoples Democratic Party (PDP) and its candidate for Lagos East Senatorial by-election, Babatunde Gbadamosi, to upturn outcome of the poll has been dashed after a Court of Appeal dismissed their suit to challenge the victory of All Progressives Congress (APC) candidate, Tokunbo Abiru, describing the arguments presented as lacking in Merit.
The Court, in its judgement, described PDP and its candidate’s appeal as unmeritorious and went ahead to affirm an earlier ruling made by Justice Obiozor J of the Federal High Court sitting in Lagos State.
In the judgement delivered on Thursday virtually, the Presiding Judge, Justice Daniel Kallio, threw out the prayers of the appellants and held that the residency of a candidate to an election was not a qualifying or disqualifying factor for the poll.
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 for the election held barely four months ago in Lagos.
While throwing out the arguments presented by PDP that Abiru had irreconcilable names which were further echoed by Gbadamosi’s lead counsel, Ebun-Olu Adegboruwa, the court stated that they were frivolous, saying the counsel to Abiru, Kemi Pinheiro, proved beyond reasonable doubt that the winner of the election had legal right to contest the poll.
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.
The judgement was confirmed in a statement released by Special Adviser to the lawmaker on Media And Publicity, Enitan Olukotun, and stated that Gbadamosi was online when his appeal was dismissed.