Godwin Tsa, Abuja
The legal battle ahead of the forthcoming Edo State governorship election continued on Monday before the Abuja division of the Federal High Court where the All Progressives Congress (APC) kicked against the speedy hearing of a suit seeking disqualification of its governorship candidate, Pastor Osagie Ize-Iyamu.
Besides, the party has asked the sitting judge, Taiwo Taiwo to recuse himself from the case on the basis of his close affinity with the Rivers State governor, Chief Nyesom Wike.
In a petition to the Chief Judge of the Federal High Court, Justice John Tsoho, the party said it has no confidence of getting justice in his court.
In the petition dated August 20,/2020 by the National Secretary of the Caretaker Committee, the party accused Justice Taiwo of moving faster in the hearing of suit against Ize-Iyamu by granting abridgment of time to plaintiffs in the matter when motion for same had not been moved.
APC alleged that from its findings, Justice Taiwo has a close relationship with Rivers state governor, Nyesom Wike, the Chairman of Peoples Democratic Party (PDP) Campaign Council in the Edo gubernatorial poll.
APC specifically alleged that on August 10, Justice Taiwo suo motu abridged the time allowed by law for the defendants to respond to an issue even when they (defendants) have not been served with the originating summons by fixing the matter for August 24 when motion on notice for abridgment of time had not been moved by plaintiffs.
“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 “
When the matter came up yesterday, counsel to Ize-Iyamu, Mr Roland Otaru (SAN) and that of APC, Ehiogie West-Idahosa drew the attention of Justice Taiwo to the petition and asked him to suspend proceedings pending the time, the chief judge will give directive on the petition.
Justice Taiwo however told them to leave the petition for the CJ to treat, being an administrative matter, adding that the new practice direction does not permit him to simply hands off from the matter.
When pressed further by Otaru that he must stay proceedings in view of the petition, Justice Taiwo drew the attention of the senior lawyer to the new National Judicial Council (NJC) directive to the effect that in a pre-election matter, no judge shall stop proceedings until otherwise directed by the council.
When the attempt to halt proceedings proved abortive, defendants in the matter applied for adjournment to enable them react to issues raised in the suit and to also allow the plaintiffs move a motion on notice for the matter to be heard during vacation.
The plaintiffs, led by Momoh Abdul-Razak had through their lawyer, Sir Friday Nwosu, sued the APC, Ize-Iyamu, INEC and Audu Ganiyu praying for an order of court to stop Ize-Iyamu’s participation in the election on account of alleged ineligibility.
Meanwhile, the matter has been adjourned till September 3 for hearing of pending motions.