The Court of Appeal sitting in Lagos has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to disqualify Senator Adetokunbo Abiru of the All Progressives Congress (APC) from continuing to represent Lagos East Senatorial District.
In a judgment delivered on Thursday via zoom, a three-man panel of the court affirmed the March 1 decision of the Federal High Court in Lagos which dismissed Babatunde Gbadamosi and the PDP’s suit for lacking in merit.
Delivering the unanimous judgment of the court, Justice Daniel Kallio presiding, decided the appeal and another cross-appeal in Abiru and the APC’s favour.
The court in its judgment agreed with Abiru’s counsel, Kemi Pinheiro (SAN) and held that the PDP’s appeal was unmeritorious.
In particular, the Court of Appeal held that the residency of a candidate to an election is not a qualifying or disqualifying factor.