A suit seeking the disqualification of the All Progressives Congress and its candidate Tokunbo Abiru for the forthcoming Lagos East Senatorial District bye-election has been fixed for definite hearing before the Federal High Court in Lagos on December 9.
The seat became vacant following the death of Senator Bayo Osinowo in June.
The Peoples Democratic Party and its candidate in the election Babatunde Gbadamosi filed the suit.
They are alleging that Mr Abiru possesses two voter cards in violation of Section 31 of the Electoral Act.
Listed as defendants in the suit are Abiru, the APC and the Independent National Electoral Commission.
The plaintiffs, through their lawyer Ebun-Olu Adegboruwa (SAN) are praying the court to order INEC to “delete the name of the 2nd and 3rd defendants (Abiru and APC) from the list of the candidates and political parties to participate in the Lagos East by-election.”
They are also praying 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,” as well as an order disqualifying Abiru from contesting the bye-election.
But Abiru and the APC have through their lawyers Messrs Abiodun Owonikoko (SAN) and Kemi Pinheiro (SAN) filed preliminary objections to the suit, asking the court to dismiss the suit for lack of jurisdiction.
Justice Chuka Obiozor told the lawyers on Monday of his intention to hear all pending applications alongside the substantive suit.
