The application brought by an aspirant for the September 10 governorship election in Edo State, Matthew Iduoriyekemwen, has been dismissed by an Abuja High Court on Friday.
Iduoriyekemwen had approached the court urging it to dismiss the suit filed by Pastor Osagie Ize-Iyamu, who sued the Independent National Electoral Commission, INEC, to explain whether the commission could substitute his name for another if he was not dead or tender a formal withdrawal to contest.
It would be recalled that Ize-Iyamu won the governorship primaries conducted by the Ahmed Makarfi faction of the Peoples Democratic Party, PDP, while Iduoriyekemwen won under the Ali Modu Sheriff faction.
At the resumed hearing, Iduoriyekemwen’s counsel, Mr Ajibola Oluyede, told the court that he had filed an application for joinder and a preliminary objection urging it to dismiss the plaintiff’s suit.
Oluyede, however, later withdrew the preliminary application seeking to dismiss the suit and his application was not opposed.
INEC’s counsel, Hassan Umar, argued that under the law, the matter could not be heard in the court.
According to him, INEC was waiting for the response to the Aug. 10 application filed by Ize-Iyamu, seeking to join PDP in the suit.
But, Mr Godswill Mrakpor, Counsel to PDP, told the court that in view of the urgency of the matter his application was ripe for hearing.
Subsequently, Justice Olukayode Adeniyi struck out Iduoriyekemwen’s preliminary objection.
Adeniyi, who ordered that all the parties in the suit should maintain the status quo until the determination of the suit, adjourned further hearing to August 16.
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