The senatorial district seat became vacant at the Senate following the death of Senator Bayo Osinowo in June.
The plaintiffs are urging the court to declare that Abiru, “who is not a registered voter in the Lagos East Senatorial District and having registered and exercised his right to vote outside Lagos East Senatorial District, cannot suddenly switch to Lagos East Senatorial District to contest for Senate without valid transfer of his voter registration card to the Lagos East Senatorial District through the 1st defendant (Independent National Electoral Commission).”
The PDP and Gbadamosi 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.”
But Abiru and the APC have, through their lawyer, Kemi Pinheiro (SAN), filed a preliminary objection, praying that the suit be dismissed.
The defendants, among others, said, “the complaints in this suit, as captured in questions 1-6 of the originating summons, as they relate to the residency or indigene of the 2nd defendant are not recognised grounds upon which the 2nd defendant can be disqualified from contesting an election.”
Justice Chuka Obiozor adjourned hearing in the suit till November 16.