Godwin Tsa, Abuja
A Federal High Court sitting in Abuja, yesterday ordered the National Rescue Mission (NRM) to paste the court processes of the suit seeking to disqualify the candidate of the All Progressives Congress (APC), Pastor Osagie Ize-Iyamu and his running mate, Audu Ganiyu in the forthcoming election at the party’s National Headquarters located at No 40, Blantyre Street, Wuse II, Abuja.
Justice Ahmed Mohammed gave the order while ruling on ex parte application for substituted service filed by National Rescue Movement Party that was argued by Valatine Offia.
The plaintiff is seeking the exclusion of the APC and its candidate in the forthcoming governorship poll on alleged unlawful nomination.
In the suit marked: FHC/ABJ/CS/743/2020 and filed on August 6, 2020, the plaintiffs claimed that the letter to the Independent National Electoral Commission (INEC) containing the names of Ize-Iyamu and his deputy was signed by the Chairman of the Caretaker Committee of the APC instead of the party’s National Chairman and Secretary.
Defendants in the suit are the APC, INEC, Osagie Ize-Iyamu and Audu Ganiyu as 1st, 2nd, 3rd and 4th defendants respectively.
The APC’s National Executive Committee had on June 25, dissolved the Oshiomhole-led NWC and appointed a Caretaker Committee headed by Yobe State Governor, Mai Mala Buni.
At last week’s sitting, the plaintiff had accused Ize-Iyamu and his deputy, Audu Ganiyu of evading service and prayed court to order service on them through the national headquarters of the APC in Abuja.
In a short ruling, Justice Mohammed ordered that the originating processes and hearing notice be served on them through the APC headquarters in Abuja.
“Having listened to the applicant counsel and carefully looked at the ten paragraphs affidavit, and an exhibit attached to the application, I am satisfied that the prayer should be granted and hereby grant the prayers”, the judge held.
He subsequently adjourned the suit to August 18 for further mention.
The NRM in the suit claimed that the list of candidates of the APC for the election jointly signed by the National Chairman and the National Secretary of the APC was not received by INEC and as such, the electoral body lacks powers to receive the list of candidates of APC for the Edo gubernatorial election.
The plaintiff urged the court to declare that the APC has no candidate for the election by virtue of the non – submission of her list of candidates before the deadline on June 29, 2020.