By Olasunkanmi Akoni
A Federal High Court sitting in Ikoyi, Lagos has struck out the new facts sought by Peoples Democratic Party, PDP, and Mr Lere Gbadamosi challenging the indigeneship of the All Progressives Congress, APC, candidate, Senator Tokunbo Abiru, in the recently conducted Lagos East Senatorial District poll.
In delivering its judgment, the court first dealt with the notice of preliminary objection filed by Kemi Pinheiro SAN on behalf of the 2nd Defendant (Senator Adetokunbo Abiru).
The Court agreed with his contention that part of the reliefs sought by the Plaintiffs was statute-barred having not been brought within 14days of the accrual of the cause of action as contemplated under Section 285 of the constitution, consequently, reliefs 2,3, 4, 5,10 and 11 were struck out.
The court thereafter considered two applications filed by Kemi Pinheiro SAN on behalf of the second defendant which sought to strike out new facts which the Plaintiffs attempted to introduce via further affidavit.
Abiodun Owonikoko, SAN, also filed similar applications on behalf of the APC the third respondent.
The court in its judgment agreed with Pinheiro and Owonikoko SAN and struck out the new facts sought to be introduced by Ebun Adegboruwa SAN for the Plaintiffs as being statute barred
On the substantive issues, the court rejected Adegboruwa contentions and agreed with Mr Abiru and APCs; that the issue of residency and indegineship are not disqualifying factors under the constitution. Consequently, the reliefs sought by the Plaintiffs predicated upon this allegation were dismissed
On the issue of registration or double registration, the court held that registration is not a disqualifying factor under Section 65 and 66 of the constitution. Thus, the allegations of double registration cannot disqualify the second defendant and the reliefs sought thereon were dismissed.
In all, Justice Obiozor found that there was no merit in the case of the Plaintiffs, PDP and Gbadamosi, and the same was dismissed for being unmeritorious.