The Federal High Court in Lagos has fixed December 9, 2020, for hearing in a suit seeking to disqualify Tokunbo Abiru, candidate of the All Progressives Congress in the forthcoming Lagos East Senatorial District bye-election.
The suit filed by Babatunde Gbadamosi, candidate of the Peoples Democratic Party in the poll, is also seeking the disqualification of the APC for fielding an ineligible candidate.
Gbadamosi prayed the court to disqualify Abiru on the grounds that he registered twice and possesses two voter cards.
Gbadamosi said the act was a violation of Section 31 of the Electoral Act.
Counsel representing PDP, Ebun-Olu Adegboruwa (SAN), is praying the court for an order “nullifying, cancelling and voiding the nomination, submission and acceptance of the name of Abiru as the candidate of the APC for the by-election”.
Counsels representing APC’s candidate, Abiodun Owonikoko (SAN) and Kemi Pinheiro (SAN), asked the court to dismiss the suit for lack of jurisdiction and failure to meet the requirements of Section 285 (9) of the constitution.
At the resumption of proceeding on Monday, Justice Chuka Obiozor said he will hear all pending applications and substantive suit in the case.
Justice Obiozor also directed the lawyers to abridge the time for filing their processes before adjourning the matter to December 9 for hearing.
The Independent National Electoral Commission had fixed December 5, 2020 for the conduct of the postponed by-elections in 11 states.
INEC was forced to postpone the election following the outbreak of the peaceful #EndSARS protest.
INEC had also said it postponed the election following vandalisation of its offices and facilities by hoodlums.