Judiciary

Edo election: Suit seeking Ize-Iyamu’s disqualification stalled at Federal High Court

Published

on


Hearing of a suit seeking to disqualify Mr Osagie Ize-iyamu from the Sept. 19 governorship election in Edo was on Tuesday, stalled at the Federal High Court, Abuja.


The suit was filed by the Peoples Democratic Party (PDP) and was slated for hearing on Sept. 8.

However, when the case was called, counsel to the PDP, Mr Ferdinand Orbih (SAN) told the court that he just received a motion of preliminary objection from the All Progressives Congress (APC) and needed to respond to it.

“The matter was for hearing today, but i was served in court this morning with the Notice of Preliminary Objection by the second defendant, (APC) and I will want to react to it,”he told the court.

Counsel to INEC, Mr Alhassan Umar, (SAN) and Ize-Iyamu, Wole Olanipekun (SAN) all said they had received the motion and also asked for time to respond.

In the application, the APC is asking the court to strike out the suit for being incompetent.

Some of the grounds, the application was predicated upon are: that the suit cannot be heard during the court’s vacation period.

The APC also contented that the suit did not meet the conditions precedent laid down in Order 46 Rule 5 of the Federal High Court (Civil Procedure) Rules 2019 and that the court lacked jurisdiction to entertain the suit.

The APC accordingly prayed the court for a declaration that the suit was incompetent having failed to comply with conditions precedent laid down in Order 46 Rule 5.

“An order setting aside all the proceedings in the suit which occurred during the court’s annual vacation period in particular, all the proceedings of this court sitting in the Benin Judicial Division for being incompetent and a nullity”.

The PDP had in its suit, prayed the court for an order disqualifying Ize-Iyamu from contesting in the governorship poll on account of not being validly nominated by his party, the APC.

The PDP claimed that Ize-Iyamu was not a product of a valid primary election, hence, should not be allowed to participate in the forthcoming election.

The suit was initially instituted in the Benin Division of the Federal High Court, but it was transferred to the Abuja Division owing to the annual vacation of the Court.

Edited By: Remi Koleoso/ Maharazu Ahmed
Source: NAN

 

https://nnn.ng/edo-election-suit-seeking-ize-iyamus-disqualification-stalled-at-federal-high-court/

Nigeria at 60: Coalition laments condition of many older persons Nigeria greater together as one, says Buhari Nigeria @60: Plateau NMA decries high maternal, infant mortality in the country ASUU seeks adoption of UTAS to end strike‎ Nigeria at 60: Fintiri congratulates Nigerians CGE distributes 9000 solar powered radio to adolescents girls in Gombe Fayemi approves conversion, inter-cadre transfer for 603 civil servants Nigeria at 60: US lauds Nigeria’s commitments to tackling corruption [email protected]: FCT Minister donates cooking gas, food items to flood victims Nigeria @60: Army chief harps on Nigeria’s unity, warns divisive elements ICPC rates Nigerian Correctional Service high on ethics Bayern Munich ride luck to win German Super Cup and fifth title of year Ruthless Nadal stays on course at French Open Neymar and Alvaro avoid French Ligue 1 sanctions Manchester United, Everton, Manchester City join Spurs in English League Cup quarter-finals Benue govt. honours Ordega, Onazi Police arrest 47 over alleged kidnapping, unlawful possession of weapons COVID-19: NCDC announces 201 fresh infections in Nigeria Independence: KEDCO urges Nigerians to support power sector reform Independence: Sen. Adeola urges Nigerians to redress wrongs at 60 Aba residents decry killing of Malaysian returnee in Aba Bauchi, Jigawa floods: FG commiserates with victims, begins flood assessment NCF calls for concerted effort to preserve environment PDP condemns repeated attacks on its candidate for Ondo race Officials advocate building of toilets to end open defecation by 2025 Nigeria @ 60: Atiku calls for youth-centred development plan Harry Potter flies in London, playing Quidditch over Leicester Square Governors donate N100m to Borno Government Country singer/songwriter Mac Davis, who wrote ‘In the Ghetto,’ dead at 78 Independence:NEPZA boss promises to use FTZs, SEZs rejuvenate nation’s economy Curtailing access to forex proceeds will limit exporter’s contributions to economy – FACAN Customs boss charges NDA cadets to place national interest above all other considerations  Felix Duke calls out Pretty Okafor over Creative Industry Group (CIG) Trademark fraud Akwa Ibom to implement flood-control project across 18 communities House seeks immediate demarcation of boundary among warring communities in Nasarawa, Benue Independence Day: Gbajabimila, Wase, Elumelu congratulate Nigerians 2021 budget: Reps approve N13.08 trn expenditures, $40 oil price benchmark Expert urges schools to embrace ICT as  new method of teaching Independence: Plateau speaker urges Nigerians to defend nation’s unity [email protected]: Gov. Bello says insecurity threat to growth, development Nigeria @ 60: PDP urges Buhari to reposition government 2023: Umahi denies alleged rift with NASS members from Ebonyi Nigeria @ 60: 120 eminent Nigerian elders, leaders for National Dialogue — Utomi Group says community policing key to curbing insecurity Oyetola salutes Nigeria at 60, sues for peace, unity Poultry association tasks NLC on permanent employment of workers by employers Nigeria grants approval for Emirates Airlines to operate Group launches N5m interest-free loan for members [email protected]: We must build a nation of one destiny – Mark FG distribute palliatives to 47,020 vulnerable households in Enugu