Adeyinka Adedipe, Benin
THE Appeal Court sitting in Benin, on Monday, set aside the judgment of the Edo State High Court which nullified the emergence of Pastor Osagie Ize-Iyamu and his running mate, Gani Audu, as candidates of the All Progressives Congress, in the September 19, 2020 governorship election.
The lower court had in its judgement, held that Audu presented forged documents while filing his INEC form EC9.
Justice Courage Ogbebor, who handed down the judgement, further held that by virtue of this, the APC did not have a candidate in the said election. The APC, Ize-Iyamu and Audu, filed separate appeals against the ruling.
At their sitting on Monday, the Appeal Court Judges in a unanimous decision, upheld the appeal on the grounds that there was no evidence to prove that Audu filed forged documents.
They also affirmed that the case filed by Kadiri Oshoakpemhe, at the lower court, was statute barred as it was not filed within 14 days required by law.
The unanimous decision which was read by Justice Oyebisi Omoleye and supported by Justices B.A. Georgewill and O.E.Oho, held that the case at the lower court was, “grossly incompetent.”
She said, “The judgement of the trial court delivered on January 6 which disqualified the appellant and Audu Ganiyu from contesting respectively as governor and deputy governor is set aside.”
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