The Court of Appeal in Benin City on Monday set aside the judgement of the lower court that nullified the candidacy of Pastor Osagie Ize-Iyamu’s running mate, Mallam Ganiyu Audu in September 19 governorship election.
Recall that a petition was filed by Kadiri Oshoakhemhe against the APC Deputy Governorship candidate and others.
Kadiri Oshoakhemhe in the petition asked the Edo State High Court sitting in Benin City to disqualify the APC Deputy Governorship candidate for presenting false information to the Independent National Electoral Commission (INEC) in his form EC9 affidavit.
Following the court’s decision, the APC governorship candidate, Osagie Ize-Iyamu, filed an application to set aside the judgement of the lower court and dismiss the suit filed by Kadiri Oshoakhemhe.
Reading the judgement, Justice B. A Georgewill said, “the judgement of the trial court delivered on January 6 which disqualified the appellant and Audu Ganiyu from contesting as Governor and Deputy governor is set aside”.
The three-man panel also unanimously said the appeal is meritorious.
In an unanimous decision read by Justice Oyebisi Omoleye and was supported by Justices B.A. Georgewill and O.E.Oho, the appellant court said the case at the lower court was “grossly incompetent.”
The appeal Court ruled that the suit at the lower court was filed out of time by two days which made it statue barred and that Oshoakpemhe could not prove the case of the forgery against Gani Audu beyond reasonable doubt by providing the original of the forged document to the court.
She ruled that the first respondent in the case before the appeal Court is “trying to make mountain out of mole hill and his case is grossly incompetent.
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”.
