The Federal High Court in Abuja has scheduled September 19 to hear a suit filed by the All Progressives Congress (APC) seeking the disqualification of Asue Ighodalo, the Peoples Democratic Party (PDP) candidate for the upcoming September 21 governorship election in Edo State.
The hearing date was set by Justice Peter Lifu after legal representatives for all parties involved agreed to adjourn to allow PDP’s counsel, Oyetola Atoyebi, SAN, to respond to the APC’s amended originating summons.
The APC, in the suit marked FHC/ABJ/CS/1001/2024, named the Independent National Electoral Commission (INEC), Asue Ighodalo, and the PDP as the first, second, and third defendants, respectively.
APC is seeking a mandatory injunction directing INEC to remove Ighodalo and the PDP from the list of candidates on its online portal and ballot documents.
The APC argues that there has been a non-compliance with the Electoral Act of 2022, among other alleged infractions.
Specifically, the APC’s application, filed by Prof. J.O. Odion, argues that Ighodalo’s candidacy does not meet the requirements stipulated by the Electoral Act.
The party contends that INEC has a statutory duty to ensure that only compliant candidates are allowed to participate in elections.
The APC’s legal strategy includes seeking an interpretation of INEC’s power to disqualify candidates under Section 84(13) of the Electoral Act, 2022, and an assertion of the party’s right to challenge the qualifications of political candidates under Section 285(14)(c) of the 1999 Constitution (as amended).
On the other side, INEC has urged the court to dismiss the APC’s suit. In a counter affidavit filed by Hussaini Abdullahi, a staff member of INEC’s Legal Services Department, INEC maintains that Ighodalo was duly nominated as the PDP’s candidate for the election and that there has been no breach of the statutory guidelines governing the electoral process.
Amid the legal manoeuvres, the APC filed a motion on notice on 30 August, seeking the court’s permission to amend its originating summons.
Among the amendments requested was the removal of Ighodalo’s name from the suit.
The APC explained that this amendment was intended to refine the focus of the case, ensuring that the suit directly addresses INEC’s authority to disqualify a political party’s candidate for electoral non-compliance, as outlined in the relevant legal statutes.
However, Asue Ighodalo’s legal team, led by Ken Mozia, SAN, filed a preliminary objection, challenging the APC’s move to amend its summons.
Mozia argued that the court lacks jurisdiction to hear the APC’s amendment motion when a preliminary objection is still pending.
He further contended that the reliefs the APC seeks through the amendment are statute-barred, implying that the APC’s claims were filed too late to be legally considered.
In its proposed amended originating summons, the APC is seeking a judicial declaration that specific provisions of the Electoral Act and the 1999 Constitution empower INEC to disqualify any candidate of a political party that fails to comply with the Electoral Act.
Additionally, the APC is requesting the court to declare Section 84(14) of the Electoral Act, 2022, as unconstitutional, null, and void, citing inconsistencies with Section 285(14)(c) of the 1999 Constitution.
At the hearing on Tuesday, Adaze Emwanta, representing the APC, informed the court that the case had been adjourned to address all pending applications.
Emwanta noted that the APC had already filed its motion for amendment and served the documents on the defendants, although service to the PDP was completed only on the morning of the hearing.
The case highlights the contentious legal battles often waged in the run-up to Nigerian elections, where parties regularly seek to disqualify opposing candidates on grounds of procedural and statutory non-compliance.
As the hearing date approaches, the court’s decision could have significant implications for the governorship race in Edo State, potentially reshaping the political landscape ahead of the September 21 election.
With both sides entrenched in their legal arguments, the outcome of this case will likely hinge on the court’s interpretation of electoral laws and constitutional provisions concerning the powers of INEC and the rights of political parties.
The September 19 hearing will be closely watched as a crucial juncture in the ongoing electoral dispute.
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