The Court of Appeal has discarded the appeal filed by the candidate of the Peoples Democratic Party, PDP in the December 5 Lagos East Senatorial by-election , Babatunde Olalere Gbadamosi, seeking to upturn the victory of the All Progressives Congress, APC Candidate, Senator Mukhail Adetokunbo Abiru, FCA for lacking in Merit.
The Presiding Judge, Justice Daniel Kallio on Thursday threw out the prayers.
The Court, through the presiding Judge, Justice Daniel Kallio, described PDP and its candidate’s appeal as unmeritorious and consequently affirmed the judgment of the Justice Obiozor J of the Federal High Court Lagos.
In dismissing the appeal, the Court of Appeal held that the residency of a candidate to an election is not a qualifying or disqualifying factor.
The Court also trashed the argument that Abiru has conflicting names by Gbadamosi’s lead counsel,Ebun-Olu Adegboruwa( SAN).
According to the Counsel to Senator Tokunbo Abiru,Kemi Pinheiro (SAN) the PDP and its candidate were busy wasting the time Court by instituting case that was prima facie defective.
The Court in its Judgment agreed with the arguments of Kemi Pinheiro SAN and allowed the Cross-Appeal.
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.