The PDP is claiming that Pastor Ize-iyamu was not a product of a valid primary election hence, should not be allowed to participate in the Edo election.
Federal High Court, Abuja, presided by Justice Ahmed
Mohammed on Wednesday, adjourned to October 14, the commencement of hearing in
the suit filed by the Peoples Democratic Party (PDP) seeking the
disqualification of Pastor Osagie Ize-iyamu from the September 19 governorship
election in Edo State.
Justice Mohammed fixed the date following an agreement by
parties to hear the suit after the court’s vacation period.
The court had last week adjourned to September 16 for
hearing in the application against the suit filed by the All Progressives
Congress (APC), challenging the court’s jurisdiction being a vacation court to
entertain the suit.
When the matter came up, on Wednesday, counsel to the
plaintiff, Chief Ken Mozia (SAN), informed the court that the matter for the
day was the hearing of the APC’s objection to the suit, however, prayed the
court adjourned hearing till the end of the court’s vacation period.
His request was not opposed by lawyers to the respondents.
Counsel to the APC, Akinlolu Kehinde (SAN) however drew the
court’s attention to a motion on notice filed by the third respondent which he
would need time to respond to.
On his part, the third respondent’s lawyer, Chief Roland
Otaru (SAN) said his application filed September 15, is praying the court to
make one Hilary Otsu, the deponent, to the affidavit supporting the plaintiff’s
suit available for cross-examination.
After listening to counsel in the matter, Justice Mohammed
then adjourned to October 14 for hearing of the substantive suit.
PDP in the suit marked: FHC/ABJ/ CS/69/20, is praying the
court for an order disqualifying Ize-iyamu from contesting in the September 19
governorship poll on account of not being validly nominated by his party, the
APC.
In the suit filed on July 3, 2020, by its team of lawyers
led by Chief Mozia, the plaintiff is claiming that Ize-iyamu was not a product
of a valid primary election hence, should not be allowed to participate in the
forthcoming election.
Defendants in the suit are; Independent National Electoral
Commission (INEC), All Progressives Congress (APC) and Pastor Osagie Ize-iyamu.
Although the suit was initially instituted in the Benin
Division of the Federal High Court, it was however transferred to the Abuja
Division owing to the annual vacation of the Federal High Court.
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