The Court of Appeal sitting in Benin City has set aside a ruling nullifying the candidacy of Pastor Osagie Ize-Iyamu’s running mate, Ganiyu Audu, in the September 19 governorship election.
Audu’s candidacy as deputy governor on the APC platform was nullified by the state high court for presenting false information to the Independent National Electoral Commission (INEC) in his form EC9 affidavit.
The High Court ruled in a petition filed by Kadiri Oshoakhemhe challenging the candidacy of the APC deputy governorship candidate as running mate to Ize-Iyamu.
Following the High Court ruling, the APC governorship candidate, Ize-Iyamu filed an appeal, seeking the Court to set aside the judgement of the lower court and dismiss the suit filed by Kadiri Oshoakhemhe.
The three-man panel in the judgement read by Justice Biobele Georgewill, held that the appeal is meritorious.
The court held that the matter was statute barred as the electoral act stipulated seven days in section 31 (3) and 289 of the constitution and that the matter was filed two days out of time.
The Appellate Court therefore sets aside the judgement of the lower court.
