Senator Tokunbo Abiru.
The Supreme Court has dismissed the appeal filed by the Peoples Democratic Party (PDP) and its candidate, Babatunde Gbadamosi, seeking to disqualify Senator Adetokunbo Abiru of the All Progressives Congress (APC) from continuing to represent Lagos East Senatorial District.
Justice Adamu Jauro who wrote the lead judgment upheld the arguments of Senior Advocates Of Nigeria, Kemi Pinheiro for Abiru and Abiodun Owonikoko for APC, that the appeal lacked merit.
Four other justices who sat on the appeal with Justice Jauro concurred with the lead judgment.
The court also awarded a cost of N1 million against the PDP and Gbadamosi in favour of each of the respondents, Abiru and the APC.
Abiru won the December 5, 2020, senatorial bye-election by a landslide, polling 89,204 votes against Gbadamosi’s 11,257 votes.
Gbadamosi and the PDP through their counsel, Senior Advocate Of Nigeria, Ebun-Olu Adegboruwa challenged Abiru’s eligibility to contest the election, raising, among others, allegations of double voter registration, residency and indigeneship.
After losing at the lower and appellate courts, the appellants approached the Supreme court with Abiru and the APC filing a cross-appeal.
In its judgment on Wednesday, the Supreme court in resolving the first issue against the appellant held that the failure of the appellant to disclose the date of publication before the trial court is fatal to their case as that fact is material to the determination of the case.
As a result, the court held that the case at the trial court was not competent and consequently dismissed same.
Following the resolution of issue one against the appellant, the appeal was held to be lacking in merit and same was therefore dismissed.
Having dismissed the appeal, the Supreme Court held that there was no reason to dabble into the cross appeal and dismissed same.