Yesterday, the Federal High Court sitting in Benin city struck out an action filed against the Independent National Electoral Commission(INEC) and the All Progressives Congress(APC) by Osagie Ize-Iyamu, the embattled governorship candidate of the APC in the Edo 2020 governorship election. The court had refused to grant his request for an ex-parte order to compel INEC to accept his name from the Caretaker/Special Convention Planning Committee of the APC or any other officer of the APC. In refusing to grant the order, the Judge, Hon. Justice Demi-Ajayi ordered that all the Court processes should be served on all the defendants in the suits.
At yesterday’s hearing, one of the governorship aspirants of the APC, Hon. Matthew Iduoriyekemwen through his lawyers informed the court of his application to join the suit as an interested party. Thereafter, counsel for Osagie Ize-Iyamu informed the court of their intention to discontinue the suit. As there was no opposition to the application to discontinue, the Judge accordingly struck out the suit. It would be recalled that the Court-approved Acting Chairman of the APC, Hon. Victor Giadom wrote to INEC informing the commission of the postponement of the governorship primaries of the APC in Edo State. The State Chairman of the APC in Edo, Anselm Ojezua Esq also fortified this position when he maintained that the State chapter of the party is yet to conduct its governorship primaries.
Legal Implication of the judgment
It simply means that Osagie lze-Iyamu would be bound by whatever decision INEC takes before August 13, the date when the list of eligible candidates for the Edo governorship election will be released.
Early this week, INEC published a “provisional” list of candidates submitted by political parties, as required by law. The commission had called on anyone with objections to the names submitted by political parties, to file an objection by going to court to challenge the provisional list, as published.