Edo Guber: Court fixes September 19 to hear APC’s suit seeking Ighodalo’s disqualification

The Abuja Division of the Federal High Court in Abuja on Tuesday fixed September 19 to hear a suit filed by the All Progressives Congress (APC) seeking the disqualification of Asue Ighodalo, the PDP candidate for the September 21 governorship election in Edo.
Justice Peter Lifu fixed the hearing of all pending applications after lawyers to the parties in the suit reached an agreement for the adjournment to allow PDP’s counsel, Oyetola Atoyebi (SAN), to respond to the plaintiff’s amended originating summons.
In the suit marked FHC/ABJ/CS/1001/2024, the APC sued INEC, Mr Ighodalo and PDP as 1st to third defendants, respectively.
In the application filed by J.O. Odion, the APC sought an order of mandatory injunction directing INEC to immediately remove from its online portal and ballot documents Mr Ighodalo and his party’s names for alleged non-compliance with the Electoral Act, 2022, among others.
On its part, INEC urged the court to dismiss the suit.
In its counter affidavit deposed to by Hussaini Abdullahi, a staff in the legal services department, the electoral umpire said Mr Ighodalo is the PDP’s nominated candidate for the poll.
However, the APC, in a motion on notice filed on August 30, sought the leave of the court to amend its originating summons.
Part of the prayers sought was an order granting leave to strike out Mr Ighodalo’s name from the suit.
The APC argued that the amendment was to remove irrelevant references and to meet the purpose of the suit, which is to seek the determination of INEC’s statutory power to disqualify an erring political party under section 84(13) of the Electoral Act 2022, and in pursuance of the plaintiff’s right of action as guaranteed by section 285(14)(c) of the 1999 Constitution (as amended).
But, in a preliminary objection filed by Ken Mozia (SAN) on Mr Ighodalo’s behalf, the lawyer sought an order striking out the APC’s motion on notice.
Mr Mozia, in his two-ground argument, said the court had no jurisdiction to hear the motion for amendment when there is a pending preliminary objection.
The lawyer also argued that the proposed reliefs sought to be introduced by the APC’s “application are statute-barred.”
In its proposed amended originating summons, the APC sought a declaration that section 84(13) of the Electoral Act 2022, section 285(14)(c) and paragraph 15(a),(c) and (f) of part 1 of the Third Schedule to the 1999 Constitution (as amended) confers a statutory duty or power on INEC to disqualify from participating in an election the candidate of a political party that fails to comply with the provisions of the Electoral Act (as amended).
It also prayed the court for an order declaring the provision of section 84(14) of the Electoral Act 2022 as unconstitutional, null and void by virtue of its inconsistency with the provision of section 285 (14) (c) of the 1999 Constitution (as amended), among others.
When the matter was called on Tuesday, Adaze Emwanta, who appeared for APC, informed the court that the matter was adjourned for a hearing of all pending applications.
The lawyer said at the last adjourned date, he notified the court that the plaintiff would be amending their originating process.
“We have filed our motion for amendment and served the same on the defendants. But unfortunately, we couldn’t serve the third defendant (PDP) until this morning,” he said.
Mr Emwanta, therefore, told the court that lawyers for the parties had a consensus that the matter should be adjourned to Thursday next week for a hearing of all the applications.
Counsel to Mr Ighodalo, Akinlolu Kehinde (SAN), and PDP’s lawyer confirmed Mr Ewanta’s oral application.
Justice Lifu consequently adjourned the matter until September 19 2024, for the hearing of all pending applications.
(NAN)
We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.
More from Peoples Gazette

States
Independence: NBA urges Nigerians to expect better future
The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

Agriculture
FG tasks ECOWAS on leveraging financing strategies for agroecology
The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Politics
Katsina youths pledge to deliver over 2 million votes to Atiku
“Katsina State is Atiku’s political base because it is his second home.”

NationWide
COP 31: WFP advise leaders to invest in early warning systems
Over 90,000 people are expected in Antalya as pressure mounts to deliver on climate promises.

NationWide
Suspected terrorist killed, four motorcycles recovered in Plateau military onslaught
This information is in an operational report released on Tuesday in Abuja.

Education
OAU students’ association presidents reject N15,000 portal charge, threaten protest
The league said the charge was introduced without proper consultation with the students expected to pay it.

States
FRSC to deploy 927 officers for 2026 “Ember Months” campaign in Abia
The Sector Commander, Ngozi Ezeoma, made the disclosure at a news briefing in Umuahia on Monday.

States
Plateau, United Nigeria Airlines sign deal for Jos-Kano, Jos-Owerri flights
Mr Jatau urged residents, businessmen, tourists and visitors to patronise the airline.

States
Abia vows to prosecute criminals stealing manhole covers
The commissioner said the theme of the fair is “Abia Beyond Borders: Driving Innovation, Trade and Industrial Growth.”





