Edo Gov Poll: APC petitions CJ over suit seeking to disqualify Ize-Iyamu ON AUGUST 24, 20206:07
PMIN EDO DECIDES Kindly
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Nnochiri The All Progressives Congress, APC, has filed a petition against
Justice Taiwo Taiwo of the Federal High Court in Abuja, accusing him of
accelerating hearing of a suit that is seeking to disqualify its governorship
candidate in Edo State, Pastor Osagie Ize-Iyamu. The ruling party, in the
petition it forwarded to the Chief Judge of the High Court, Justice John Tsoho,
requested the immediate withdrawal of the suit from Justice Taiwo to enable
another judge to take over and hear the matter. In the petition dated August
20, which was signed by the National Secretary of the APC Caretaker Committee,
Senator John Akpanudoedehe, the party, alleged that Justice Taiwo unnecessarily
expedited hearing on the suit by granting abridgement of time to the plaintiffs
when motion for such relief had not been moved before the court. It further
accused the trial Judge of having a close relationship with the Governor of
Rivers State, Nyesom Wike, who is the Chairman of Peoples Democratic Party,
PDP, campaign committee for the governorship election billed to hold in Edo
State on September 19. READ ALSO: Ize-Iyamu’s SIMPLE agenda created by
Oshiomhole, cannot solve economic problems ― Orbih APC alleged that Governor
Wike had openly boasted that he would do everything humanly possible to
guarantee victory for the PDP, by ensuring the disqualification of Ize-Iyamu
through the court. Specifically, the party, alleged that Justice Taiwo had on
August 10, arbitrarily abridged the time allowed by law for the Defendants to
respond to the suit, even when the said Defendants were yet to be served with
the originating summons. It added that the Judge went ahead and fixed the
matter for August 24, when motion on notice for abridgement of time had not
been moved by the Plaintiffs. The petition further read: “That even when the
Hon court granted exparte order for substituted service of the processes in
suit no. FHC/ABJ/CS/839/2020, the story all over Edo is that the APC candidate
Pastor Osagie Ize-Iyamu has been disqualified by Justice Taiwo Taiwo “That the
APC is worried that they have no chance of getting Justice before Justice Taiwo
Taiwo on account of his affinity to Governor Wike and the anxiety demonstrated
by abridging the time for defendants to file processes when the motion to do so
was still pending and some defendants had not been served with the originating
summons”. Meanwhile, when the matter came up on Monday, Ize-Iyamu’s lawyer, Mr
Roland Otaru, SAN, and that of APC, Ehiogie West-Idahosa, drew Justice Taiwo’s
attention to the petition and urged him to suspend further proceedings on the
matter to await the decision of the Chief Judge. However, Justice Taiwo, also
drew the attention of the parties to new practice direction from the National
Judicial Council, NJC, which he said forbade him handing off the matter before
any administrative directive from the CJ. The Judge stressed that the NJC’s
directive was to the effect that no Judge should stop proceeding in a
pre-election matter until otherwise directed by the Council. Having failed to
persuade the court to stop further proceedings on the matter, the Defendants,
applied for an adjournment to enable them respond to issues that were raised in
the suit and to also allow the Plaintiffs to move a motion for the matter to be
heard during vacation. Justice Taiwo subsequently adjourned the case till
September 3 to hear all the pending motions. The plaintiffs, led by Hon. Momoh
Abdul-Razak had through their lawyer, Sir Friday Nwosu, sued the APC,
Ize-Iyamu, the Independent National Electoral Commission, INEC, and Audu
Ganiyu, seeking an order of court to stop Ize-Iyamu’s participation in the
election on account of his alleged ineligibility. READ ALSO: Dissolution of APC
NWC: Court orders substituted service on Gov. Buni, 11 others The Plaintiffs
maintained that Ize-Iyamu was not validly nominated by the APC to contest the
election. In a related development, the court okayed substituted service of a
suit challenging the dissolution of the Adams Oshiomhole led National Working
Committee, NWC, of the APC. Justice Taiwo ordered that the suit should be
served on Yobe state governor, Mai Mala Buni, being the APC National Caretaker
Committee Chairman, by pasting same at the entrance of the National Secretariat
of the APC at No. 40 Blantyre Street, Wuse, Abuja. Others that are also
affected by the order on substituted service are; Governor Sani Bello, Senator
Ken Nnamani, Isiaka Oyebola, Dr James Lalu, Senator Abubakar Yusuf, Hon.
Akinyemi Olaide, David Leon, Professor Tahir Mamman, Ismail Ahmed and Senator
Akpan Udoedehe. The order followed complaints by the plaintiff, Kalu Agu, that
the Respondents repeatedly evaded service of the court processes on them.