A Federal High Court sitting 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 Peoples Democratic Party, PDP, candidate for the September 21 governorship election in Edo State.
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, respond to the plaintiff’s amended originating summons.
The APC, in the suit marked: FHC/ABJ/CS/1001/2024, had sued INEC, Ighodalo and PDP as 1st to 3rd defendants, respectively.
In the application filed by Prof J.O. Odion, the APC sought an order of mandatory injunction directing INEC to immediately remove from its online portal and ballot documents 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.
The electoral umpire, in its counter affidavit deposed to by Hussaini Abdullahi, a staff in the Legal Services Department, said Ighodalo is the PDP’s nominated candidate for the September 21 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 for the striking out of 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).
