Court adjourns suit challenging APC for granting waiver to Ize-Iyamu to June 17

An Edo State High Court, sitting in Benin has adjourned hearing in a suit challenging the All Progressives Congress (APC) for granting waivers to a governorship aspirant of the party, Pastor Osagie Ize-Iyamu to Wednesday, June 17.

Justice Emmanuel O. Akhamiogie yesterday adjourned the case for the determination of membership of Pastor Osagie Ize-Iyamu if he is a member of the All Progressives Congress to June 17, 2020.

In the suit, no HAB/05/1/20, the claimants, Pastor Kenneth O Asekhomhe, Mr Benjamin Oghumu, Mr Matthew Ogbebor and Mr Unweni Nosa had approached the court to determine if the APC, Comrade Adams Oshiomhole and Ize-Iyamu have not breached the party’s constitution by giving the governorship hopeful waiver to contest in the forthcoming primary in the state.

Their originating summons stated thus whether article 31(2) of the APC constitution (as amended) is not in conflict with section 177 (c) of the Constitution of the federal republic of Nigeria 1999 as amended as it relates to the qualification for election to the office of a governor of a state.

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Moreso, whether having regards to the provisions of section 177 (c) of the Constitution of the federal republic of Nigeria 1999 as amended, the 1st defendant can validly grant a waiver to the 3rd defendant to make him eligible to contest the 1st defendant’s primary election with a view to nominating and/or sponsoring him as its candidate to contest the 2020 governorship election of Edo State of Nigeria.

And whether having regard to the provisions of articles 31 (2) and 31(3) (ii) of the Constitution of the APC 2014 (as amended), the 2nd defendant can validly grant a waiver to the third defendant without the approval of the National Executive Committee of the first defendant and without the third defendant formally applying for such waiver through his claimed ward, local government area, state and zonal committee of the 1st defendant.

And whether a waiver purportedly granted by the 2nd defendant to the 3rd defendant on or about 21/5/2020 or any other data, in gross violation of the provisions of section 177(c) of the 1999 constitution of the federal republic of Nigeria (as amended) and Article 31 (2) and 31(3) (ii) of the extant 2014 amended constitution of the 1st defendant, is not null, void and of no effect.

Journalists were barred from covering the court proceedings but one of the lawyers to the defendants, Mr Famous Osawaru said the judge had listened to both counsels, adjoined the case to June 17, 2020.

“So, what they are actually asking the court to interpret whether he is qualified to contest the governorship election.

“So, they have an ex parte injunction. They also filed interlocutory as well as the originating process by way of originating summons but after several arguments, because counsel has already entered defence for the defendant, the court now said there is no way they can take interlocutory injunction or interim injunction restraining anybody anymore.

“The best thing the court will do is to go into the main matters; to look at the merits of the case.

“So for now, the matter is adjourned to June 17, at that time we must have filed all processes, nothing like order for an injunction or restraining anybody, let us look at the substance of the matter. So, we are giving 10 days to file our response while the claimants were given two days to reply.”

NIGERIAN TRIBUNE

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