The Federal High Court sitting in Lagos has fixed December 9, 2020, for definite hearing in a suit seeking the disqualification of the All Progressives Congress (APC) and its candidate, Adetokunbo Abiru, in the forthcoming Lagos East Senatorial District bye-election.
The senatorial district seat became vacant following the death of Bayo Osinowo in June.
The Peoples Democratic Party and its candidate in the election, Babatunde Gbadamosi, are urging the court to disqualify Abiru on the grounds of his alleged possession of two voter cards and violation of Section 31 of the Electoral Act.
The plaintiffs 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.”
Listed as defendants in the suit are Abiru, the APC and the Independent National Electoral Commission (INEC).
But Abiru and the APC have filed preliminary objections to the suit, asking the court to dismiss the suit for lack of jurisdiction, contending that the suit is statute-barred and failed to meet the requirements of Section 285 (9) of the Constitution.
At the Monday proceedings in the case, Justice Chuka Obiozor told the lawyers of his intention to hear all pending applications alongside the substantive suit.
He subsequently adjourned the matter till December 9 for definite hearing.