A Federal High Court in Abuja has scheduled September 19, to hear a lawsuit filed by the All Progressives Congress, APC, seeking the disqualification of Asue Ighodalo, the Peoples Democratic Party, PDP’s candidate for the September 21 governorship election in Edo State.
Justice Peter Lifu adjourned the hearing to allow PDP’s counsel, Oyetola Atoyebi, to respond to the APC’s amended originating summons.
The APC had sued the Independent National Electoral Commission, INEC, Ighodalo, and the PDP, seeking an order to remove Ighodalo’s name from the ballot due to alleged non-compliance with the Electoral Act, 2022.
INEC has urged the court to dismiss the suit, stating that Ighodalo is the PDP’s nominated candidate for the election. The APC has also filed a motion to amend its originating summons, seeking to strike out Ighodalo’s name from the suit and clarify its prayers.
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 same on the defendants. But unfortunately, we couldn’t serve the 3rd defendant (PDP) until this morning,” he said.
The court will hear all pending applications on September 19.
