The Federal High Court has dismissed the suit filed by the Peoples Democratic Party (PDP) seeking the disqualification of Osagie Ize-Iyamu from the September 19 governorship election in Edo State.
Justice Ahmed Mohammed dismissed the suit on the grounds that it has been overtaken by events.
The PDP had on July 3 taken Ize-Iyamu and two others to court claiming that the primary election of the All Progressives Congress (APC) that produced Ize-Iyamu as APC’s candidate in September 19 governorship election was not validly conducted.
But Ize-Iyamu and the APC in their opposition to the suit urged the court to dismiss it for being a mere academic exercise as the said election has been conducted and both Ize-Iyamu and his party, the APC lost out.
They also told the court that they did not challenge the outcome of the September 19 governorship election which was won by the PDP, Godwin Obaseki and Philip Shuaibu,as Governor and deputy respectively.
INEC’s lawyer, Mrs Wendy Kuku, in her submission urged the court to dismiss the suit for lacking in merit, while counsel to the APC, Mr Akinlolu Kehinde SAN, prayed the court to dismiss the suit on the grounds that the suit was tantamount to “Mr A taking Panadol for Mr B’s headache’.
On his part, Mr Roland Otaru SAN, counsel to the third defendant also prayed the court to dismiss the suit on the grounds that it had become academic since the primaries had already been conducted and that the plaintiff did not participate in the primaries.
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Delivering judgment, Justice Mohammed held that the defendants are not challenging the outcome of the September 19 governorship poll, adding that it is the Election Petition Tribunal that determines who is validly elected in any general election.
He also pointed out that the PDP did not show how the APC and Ize-Iyamu would benefit from the case in the reliefs sought before the court.
Meanwhile, the judge admitted in evidence form EC9, a document from INEC, as exhibit PL2 in another case involving governor Obaseki over alleged degree certificate forgery.
The APC and one Edobor Williams are seeking the disqualification of Obaseki in the September 19 governorship election on claims that he forged his first degree certificate he submitted to INEC in aid of his qualification for the governorship poll.
Justice Mohammed admitted the document on the grounds that it was relevant to the case at hand.
However, PDP and Obaseki’s lawyers opposed the calling of the witness on grounds that procedure for calling a subpoenaed witness, including service was not followed.
In a short ruling, the court allowed the witness to give his evidence, noting that the lapses complained by Obaseki and PDP were on the part of the court.
He matter was adjourned till Wednesday for the plaintiffs to close their case and for the defense to open theirs
(Editor : Paul Akhagbemhe)
