The Peoples Democratic Party and its candidate in the Lagos East Senatorial Bye-Election, Mr. Babatunde Gbadamosi, have filed an appeal against the judgment of the Federal High Court, Lagos, which dismissed their case against the All Progressive Congress and its candidate in the said election, Senator Tokunbo Abiru.
The appellants also claim that the judge was wrong in striking out the further affidavit of the appellants on the ground that they introduced new issues outside the 14 days allowed by law, whereas the said further affidavit only amplified facts that were already supplied in documents frontloaded along with the existing originating summons, especially in relation to the multiplicity of the names of Senator Abiru.
The appellants, therefore, want the Court of Appeal to hold that the judge erred in failing to give a holistic and purposive interpretation to sections 71, 72 and 77 of the 1999 Constitution for the purpose of determining the eligibility of Senator Abiru to contest the bye-election. iii. Appellants’ challenge to the nomination of the 2nd Respondent as expressed in Issues 2, 3, 5 and 6 and Reliefs 10 and 11 of the Originating Summons, was anchored on the disqualification of the 2nd Respondent to contest the Lagos East Senatorial bye-election, by the facts of false information and other constitutional infractions.
vii. The facts afore-stated became public with the publication of names of the candidates on September 17, 2020, whereas this suit was filed on September 29, 2020. ii. At paragraph 20 of the Originating Summons of the Appellant, he exhibited to the Court Exhibit PDP 2, which is a copy of Form CF001 of the 2nd Respondent, containing his certificates with multiple and irreconcilable names.
vi. The learned Trial Court erred in holding that the issue of multiplicity of names of the 2nd Respondent was a new fact, introduced only on November 9, 2020 when the further-affidavit was filed. v. Paragraphs 16 and 17 of the Appellants’ further-affidavit simply responded to those averments, by showing the facts of false information as it relates to multiplicity of names, as contained in his Form CF001 , which he submitted to INEC.
iv. The facts of false information vis-à-vis the inconsistency of names of the 2nd Respondent are not at variance with the pleadings of the Appellants rather, they provide a ground to sustain relief 12, which seeks an order of court to disqualify him.
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