An aggrieved member of the All Progressives Congress, APC, and legal practitioner, Mr. Charles Ude, on Wednesday, filed a suit before the Federal High Court in Abuja to disqualify the governorship candidate of the party in Edo State, Pastor Osagie Ize-Iyamu.
The Plaintiff, in the suit marked FHC/ABJ/CS/839/2020, told the court that the emergence of Ize-Iyamu as the candidate of the party for the September 19 governorship election in Edo state was unlawful, insisting that both the screening and primary election Committees that cleared him, were not validly constituted.
According to the Plaintiff, in view of the June 16 judgment of the Court of Appeal which affirmed that the former National Chairman of the party, Adams Oshiomhole was duly suspended on November 2, 2019, all the decisions he took during the subsistence of his suspension remained invalid, null and void and of no legal consequence.
He told the court that following the appellate Court’s judgment that affirmed Oshiomhole’s suspension, Chief Victor Giadom who took over the affairs of the party, cancelled both the screening and primaries election Committees that cleared Ize-Iyamu, which he did not set up.
Cited as 1st to 6th Defendants in the suit are the APC, Oshiomhole, Giadom, Hilliard Eta, Independent National Electoral Commission, and Pastor Ize-Iyamu.
Specifically, the Plaintiff, is praying the court to determine, “Whether having regard to the entirety of the constitution of the 1st Defendant (APC), a suspended member of the 1st Defendant can validly exercise the powers and discharge the functions/duties of the National Chairman of the 1st Defendant?
Whether in view of the judgment of the Nigerian Court of Appeal in Appeal No: CA/A/188/2020 delivered on the 16th day of June 2020, affirming as valid the suspension of the 2nd Defendant on the 2nd day of November 2019, all the decisions taken by the 2nd Defendant as the National Chairman of the 1st Defendant (during the subsistence of his suspension) is not invalid, null and void and liable to be set aside?
Whether in view of the 16th March 2020 decision rendered by the High Court of the Federal Capital Territory, Abuja [Coram: Honourable Justice S.U. Bature] in Suit No. FCT/HC/M/6447/2020, the emergence of the 6th Defendant as the candidate of the 1st Defendant for the September 2020 governorship election in Edo State is not unlawful and therefore invalid having been cancelled by the 3rd Defendant who did not set up both the screening and primaries election Committees of the 1st Defendant?
Upon determination of the legal questions, he is seeking the following reliefs;
“A declaration that having regard to the entirety of the constitution of the 1st Defendant, a suspended member of the 1st Defendant cannot validly exercise the powers and discharge the functions and or carry out the duties of the National Chairman of the 1st Defendant.
“A declaration that in view of the judgment of the Nigerian Court of Appeal in Appeal No: CA/A/188/2020 delivered on the 16th day of June 2020, affirming as valid the suspension of the 2nd Defendant on the 2nd day of November 2019, all the decisions taken by the 2nd Defendant as the National Chairman of the 1st Defendant (during the subsistence of his suspension) is invalid, null and void and of no legal consequence.
A declaration that in view of the 16th March 2020 decision rendered by the High Court of the Federal Capital Territory, Abuja [Coram: Honourable Justice S.U. Bature] in Suit No. FCT/HC/M/6447/2020, the emergence of the 6th Defendant as the candidate of the 1st Defendant for the September 2020 governorship election in Edo State is unlawful and therefore invalid having been cancelled by the 3rd Defendant who did not set up both the Screening Committee and Primaries Election Committee of the 1st Defendant for the September 2020 governorship election in Edo State.
A declaration that the 1st Defendant does not have any valid candidate for the September 2020 governorship election in Edo State.
An order of this Honourable Court setting aside as a nullity (and as having no legal force) all the decisions taken by the 2nd Defendant as the National Chairman of the 1st Defendant (during the subsistence of his suspension) from the 2nd day of November 2019 to the 16th day of June 2020 when the Court of Appeal affirmed same.
An order of this Honourable Court setting aside as a nullity (and as having no legal force) all the decisions taken by the 4th Defendant as the purported Acting National Chairman of the 1st Defendant from the 16th day of June 2020 to the 25th day of June 2020 when the National Executive Committee of the 1st Defendant dissolved the National Working Committee of the 1st Defendant.
“An order of this Honourable Court setting aside as a nullity (and as having no legal force) the purported ratification (on the 25th day of June 2020 by the National Executive Committee of the 1st Defendant) of the Primaries Election which produced the 6th Defendant as the 1st Defendant’s candidate for the September 2020 governorship election in Edo State.
As well as, “An order of this Honourable Court restraining the 5th Defendant from recognising the 6th Defendant [PASTOR OSAGIE IZE-IYAMU] or accepting his name (for publication on the ballot paper) from the 1st Defendant as its governorship candidate for the September 2020 governorship election in Edo State”.
Meanwhile, no date has been fixed for hearing of the matter.
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