A Federal High Court in Abuja on Tuesday, fixed Sept. 19 to hear a suit filed by the All Progressives Congress (APC) seeking the disqualification of Asue Ighodalo, the PDP candidate for the Sept. 21 governorship election in Edo.
Justice Peter Lifu fixed the hearing of all pending applications after lawyers to the parties in the suit reached an agreement for the adjournment to allow PDP’s Counsel, Oyetola Atoyebi, SAN, respond to the plaintiff’s amended originating summons.
The APC, in the suit marked: FHC/ABJ/CS/1001/2024, had sued INEC, Ighodalo and PDP as 1st to 3rd defendants respectively.
In the application filed by Prof J.O. Odion, the APC sought an order of mandatory injunction directing INEC to immediately remove from its online portal and ballot documents Ighodalo and his party’s names for alleged non-compliance with the Electoral Act, 2022, among others.
On its part, INEC urged the court to dismiss the suit.
The electoral umpire, in its counter affidavit deposed to by Hussaini Abdullahi, a staff in the Legal Services Department, said Ighodalo is the PDP’s nominated candidate for the Sept. 21 poll.
However, the APC, in a motion on notice filed on Aug. 30, sought the leave of the court to amend its originating summons.
Part of the prayers sought was an order granting leave for the striking out of Ighodalo’s name from the suit.
The APC argued that the amendment was to remove irrelevant references and to meet the purpose of the suit which is to seek the determination of INEC’s statutory power to disqualify an erring political party under Section 84(13) of the Electoral Act, 2022, and in pursuance of the plaintiff’s right of action as guaranteed by Section 285(14)(c) of the 1999 Constitution (as amended).
But, in a preliminary objection filed by Ken Mozia, SAN, on Ighodalo’s behalf, the lawyer sought an order striking out the APC’s motion on notice.
Mozia, in his two-ground argument, said the court had no jurisdiction to hear the motion for amendment when there is a pending preliminary objection.
The lawyer also argued that the proposed reliefs sought to be introduced by the APC’s “application are statute-barred.”
In its proposed amended originating summons, the APC sought a declaration that Section 84(13) of the Electoral Act 2022, Section 285(14)(c) and Paragraph 15(a),(c) and (f) of Part 1 of the Third Schedule to the 1999 Constitution (as amended) confers a statutory duty or power on INEC to disqualify from participating in an election the candidate of a political party that fails to comply with the provisions of the Electoral Act (as amended).
It also prayed the court for an order declaring the provision of Section 84(14) of the Electoral Act, 2022 as unconstitutional, null and void by virtue of its inconsistency with the provision of Section 285 (14) (c) of the 1999 Constitution (as amended), among others.
When the matter was called on Tuesday, Adaze Emwanta, who appeared for APC, informed the court that the matter was adjourned for hearing of all pending applications.
The lawyer said at the last adjourned date, he notified the court that the plaintiff would be amending their originating process.
“We have filed our motion for amendment and served the same on the defendants. But unfortunately, we couldn’t serve the 3rd defendant (PDP) until this morning,” he said.
Emwanta, therefore, told the court that lawyers to the parties had a consensus that the matter be adjourned to Thursday next week for hearing of all the applications.
Counsel to Ighodalo, Akinlolu Kehinde, SAN, and PDP’s lawyer, Oyetola Atoyebi, SAN, confirmed Ewanta’s oral application.
Justice Lifu consequently adjourned the matter until September 19 2024 for hearing of all pending applications.
