Ize-Iyamu taken to court over ‘APC primary participation’

By Chief Administrator

An Edo High Court, yesterday, in Benin City, reserved legal arguments‎ seeking to restrain Pastor Osagie Ize-Iyamu from parading himself as an aspirant entitled to participate in the state APC primary election fixed for June 22 this year.

Joined in the suit, are the All Progressives Congress (APC), the National Chairman of APC, Comrade Adams Oshiomhole, sued for himself, and on behalf of the National Working Committee of APC and Pastor Osagie Ize-Iyamu (3rd Defendant).

Pastor Kenneth Asekomhe, Vice-chairman of APC faction loyal to Governor Obaseki on behalf the factional state executive, Mr. Benjamin Oghumu on behalf of himself and Executive Committee of APC in Orhiomwon local government area and Mr. Matthew Ogbebor, on behalf of himself and the Executive Committee of Ugbogbo Wards 5, (all Plantiffs/Claimants) had approached the court seeking an order, restraining the 3rd defendant from parading himself as an aspirant entitled to participate in the 1st defendant’s primary election fixed for June 22, 2020, to select a candidate to represent it in the Edo State governorship election fixed for September 19.

The claimants also demanded an order of the court, restraining the 1st defendant from recognising the 3rd defendant as an aspirant of the APC in its primary election scheduled for June 22 or any other date to select a candidate to represent it in the Edo State governorship election slated for September 19.

Furthermore, the claimants also wanted an order restraining the 1st defendant from granting a waiver to the 3rd defendant to participate in the APC primary election fixed for June 22 this year or any other date to be selected to represent it at the Edo State governorship election coming up on 19 September.

The plaintiffs/claimants who were represented by Kenneth Mozia, SAN, and Santos Owootori, are seeking to know whether Article 31(2) of APC constitution is not in conflict with Section 177(c) of the constitution of the Federal Republic of Nigeria 1999 as amended as it relates to qualification for election to the office of a governor of a state.

They also want to know whether having regard to the provision of Section 177(c) of the 1999 constitution as amended, if the 1st defendant can validly grant a waiver to the 3rd defendant to make him legible to contest in the primaries among others.

However, an argument ensued when defendants Lawyers led by H. O Ogbodu, SAN, and Victor Oyosuma, appeared in the matter and demanded to be served the motion papers and originating summons.

Consequently, the presiding Judge, Justice H. Ahaomoje declined to grant the exparte motion but instead gave the defendants 10 days to file their response while Counsel to the plaintiffs/claimants were given two days to reply.

Justice Ahaomoje then adjourns the case to June 17, 2020.

It was drama, as journalists were barred from‎ covering the matter in court.

Source: TheNigerialawyer

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