By Olasunkanmi Akoni
The Court of Appeal, sitting in Lagos on Thursday, dismissed the appeal filed by Babatunde Gbadamosi, the candidate of the Peoples Democratic Party, PDP, in the December 5 Lagos East Senatorial by-election.
The Presiding Judge, Justice Daniel Kallio threw out the prayers of the appellants seeking to upturn the victory of the All Progressives Congress, APC Candidate, Senator Adetokunbo Abiru, for lacking in Merit.
The Court described PDP and its candidate’s appeal as “unmeritorious” and consequently affirming 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 ruled that Abiru did not submit false information to the Independent National Electoral Commission, INEC as claimed by the PDP and its candidate.
Also, the arguments that the Abiru had irreconcilable names canvased by Gbadamosi’s lead counsel, Ebun-Olu Adegboruwa SAN were also quashed as frivolous.
Kemi Pinheiro SAN, counsel to Abiru proved beyond reasonable doubt that the PDP and its candidate were busy wasting the time of the court by instituting a case that was prima facie defective.
The court in its judgment agreed with the arguments of Pinheiro 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.
The judgment which was delivered via Zoom had Gbadamosi online when his appeal was dismissed.