Pastor Osagie Ize-Iyamu
The Benin Division of the Court of Appeal, on Monday, set aside the judgement of the Edo State High Court that early this year disqualified the governorship candidate of the All Progressives Congress (APC), Pastor Osagie Ize-Iyamu and his running mate, Gani Audu, in the September 19, 2020 governorship election on the ground that Audu filled forged documents in INEC’s Form EC9.
The lower court, presided over by Justice Courage Ogbebor, had ruled that the APC did not have a candidate for the election by virtue of the disqualification of Audu as Ize-iyamu could not have contested without a running mate.
Not satisfied with the judgement, the APC, Ize-Iyamu and Audu, filed separate appeals against the judgement.
Delivering judgement on the matter, the Appeal Court, in a unanimous decision, said there was no evidence of credentials forgery on the part of Gani Audu and also held that the case filed in the lower court by Kadiri Oshoakpemhe was statute-barred as it was filed outside the 14 Days constitutional provision.
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The unanimous decision, which was read by Justice Oyebisi Omoleye with the concurrence of Justices B.A. Georgewill and O.E.Oho held that the case at the lower court was “grossly incompetent.”
The appeal court ruled that the suit at the lower court was filed out of time by two days which made it statute barred and that Oshoakpemhe could not prove the case of the forgery against Gani Audu beyond a reasonable doubt by providing the original of the forged document to the court.
Justice Omoleye ruled that the first respondent in the case before the Appeal Court is “trying to make a mountain out of a molehill and his case is grossly incompetent. The judgement of the trial court delivered on January 6 which disqualified the appellant and Audu Ganiyu from contesting respectively as governor and the deputy governor is set aside.”
Appeal Court sets aside judgement disqualifying Ize-Iyamu, Audu
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