Edo State High Court sitting in Benin City on Wednesday disqualified Gani Audu as the deputy governorship candidate of the All Progressives Congress (APC) in the September 19, 2020 election in Edo state.
Justice H.A Courage-Ogbebor, in his judgement, said that the APC deputy governorship candidate presented false information to the Independent National Electoral Commission (INEC) in his Form EC9.
By extension, the judgment also nullified the candidature of the party’s governorship candidate for the election, Pastor Osagie Ize-Iyamu.
Audu is a former member of the State House of Assembly.
The Plaintiff, Sunday Kadiri Oshoakhemhe , from Ogbona ward, in Etsako West local government area of the State, had asked the court to disqualify Audu from participating in the election on account of having given false information to the Independent National Electoral Commission (INEC), to aid his qualification for the election.
In the suit No: B/358/20, Kadiri further prayed the court to annul the candidacy of Pastor Osagie Ize-Iyamu, as the governorship candidate of the party, on account of running with an unqualified candidate for the position of deputy governor.
Recall that a Federal High Court sitting in Abuja had on December 9, 2020 dismissed the same suit seeking to disqualify Gani Audu as the deputy Governorship candidate of the All Progressives Congress (APC) in the September 19, 2020.
The issue before the Federal High Court in Abuja was whether the matter had become academic, hypothetical, and having no live issue to be determined.
Justice Taiwo Taiwo, the presiding judge had, in his ruling, raised two issues for determination.
The two issues were whether the matter was a pre-election matter as claimed by the plaintiffs’ counsel, Mr F. N. Nwosu and whether the matter had become an academic exercise, having regards to the 19th September, 2020 election.
They were resolved in favour of the respondents.
Justice Taiwo, however, dismissed the suit with cost.
The case with suit number FHC/ABJ/ CS/758/2020 was filed also by Kadiri Oshoakhemhe and Momoh Abdulrazak against the APC deputy governorship candidate and two others.
Meanwhile, Pastor Osagie Ize-Iyamu has vowed to appeal the judgement.
Ize-Iyamu disclosed this in a statement he personally signed on Wednesday, and made available to journalists in Benin.
He described the judgement as unfortunate and utterly wrong.
“I have received the news of the judgement delivered today 6th day of January 2021 by the Edo state high court sitting in Benin City, disqualifying me and my running mate, Hon Gani Audu from contesting the gubernatorial election held in Edo state on 19th September 2020.
“This judgement to say the least is unfortunate and utterly wrong.
“I have already instructed my counsel to appeal against the judgement, as I am convinced that the Court of Appeal will dispassionately consider the facts presented before the court and arrive at a just decision in accordance with the law,” Ize-Iyamu said.
The APC governorship candidate urged all his teeming supporters to remain calm and law abiding, noting that “justice will surely prevail in this matter to the glory of our God.”
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