APC’s NWC Waiver: Court To Decide Ize-Iyamu’s Fate On Thursday

The All Progressives Congress (APC) frontline governorship aspirant in Edo State, Pastor Osagie Ize-Iyamu, will know his fate on Thursday, June 25 as to whether the May 21 waiver granted him by the party’s National Working Committee (NWC) to contest is valid.
Justice Emmanuel Ahamioje of the Edo State High Court fixed the date on Friday after the submissions of the counsel to the parties.
But he warned lawyers, politicians and their agents against any attempt to bribe or blackmail him over the political matter.
Justice Ahamioje said: “Do not give money to anybody on my behalf. I will never send anybody to collect money for me.”
The suit was filed by Kenneth Asekomhe, who was last week expelled for anti-party activities by NWC of the party and three stalwarts of APC in the state- Benjamin Oghumu, Mathew Ogbebor and Unweni Nosa, who are all loyalists of Governor Godwin Obaseki.
Defendants in the suit are APC, its suspended National Chairman Comrade Adams Oshiomhole and Ize-Iyamu.
They said the court has no jurisdiction to meddle in the internal affairs of the party.
‎The judge had earlier refused to grant the ex parte application of the allies of Obaseki seeking to restrain APC from recognising Ize-Iyamu, who defected to the party in December last year, as an aspirant on APC’s platform.
The lead counsel to Ize-Iyamu, Henry Ogbodu, a Senior Advocate of Nigeria (SAN), in his submission at yesterday’s sitting declared that the claimants should stop wasting the court’s time.
He described the applicants as busybodies and interlopers who opted to mischievously harass his client.
APC and Oshiomhole’s lead counsel, Kingsley Obamogie, urged the court to dismiss the suit for lacking merit, while insisting that the claimants had no locus standi to file the suit since they were not governorship aspirants of APC.
The lead counsel to the claimants (Obaseki’s allies), Ken Mozia (SAN), urged Justice Ahamioje to discountenance the arguments of the defendants’ counsel.
In the originating summons, the claimants asked Edo High Court to determine the following questions: Whether article 31(2) of APC’s Constitution is not in conflict with Section 177(c) of the Nigerian Constitution as amended, as it relates to the qualification for election into the office of a governor of a state.
Whether having regard to the provision of Section 177(c) of the Nigerian Constitution, the APC can validly grant a waiver to Pastor Ize-Iyamu to make him eligible to contest in the party primaries.
Whether having regard to the provisions of Articles 31(2) and Articles 31(3)(ii) of the APC Constitution, Comrade Adams Oshiomhole (and the NWC) can grant a waiver to Pastor Ize-Iyamu without the approval of the National Executive Committee (NEC) of the APC and without Pastor Ize-Iyamu formally applying for such a waiver through his ward, LGA, state and zonal executive committees of the APC.
Whether a waiver purportedly granted by Comrade Adams Oshiomhole (and the NWC) to Pastor Ize-Iyamu on or about 21-5-20 or any other date is in gross violation of Section 177(c) of the Nigerian Constitution and Article 31(2) and Article 31(3) of the extant 2014 amended Constitution of the APC is not null, void and of no effect.
The claimants stated that if the four questions were answered in the negative and resolved in their favour, they sought the following reliefs from the trial court:
A declaration that Article 31(2) of APC’s Constitution as amended is in conflict with section 177(c) of the Nigerian Constitution as it relates to the qualification for election to the office of a governor of a state and is therefore null and void.
A declaration that having regard to Section 177(c) of the Nigerian Constitution, the APC cannot validly grant a waiver to Pastor Ize-Iyamu to make him eligible to contest the APC primary election with a view to nominating him as its candidate to contest the 2020 governorship election in Edo State.
Alternatively, a declaration that the NWC of APC cannot grant any waiver to Pastor Ize-Iyamu to make him eligible to contest the primary election to select the APC candidate, without approval of APC’s NEC.
A declaration that having regard to the provisions of Articles 31(2) and 31(3)(ii) of the APC’s Constitution, Comrade Adams Oshiomhole (and the APC’s NWC) cannot validly grant a waiver to Pastor Ize-Iyamu without the approval of APC’s NEC and without Pastor Ize-Iyamu formally applying for such waiver through his claimed ward, LGA, state and zonal committees of APC.
A declaration that any waiver purportedly granted by Comrade Adams Oshiomhole (and the APC’s NWC) on 21-5-20 or any other date in gross violation of Section 177(c) of the Nigerian Constitution and Articles 31(2) and Articles 31(3)(ii) of the extant amended 2014 APC Constitution is null, void and of no effect.
A declaration that the waiver purportedly granted by the APC’s NWC to Pastor Ize-Iyamu to contest the primary election, as scheduled is null, void and of no effect.
The claimants further claimed as follows: I) an order restraining Pastor Osagie Ize-Iyamu from parading himself as an aspirant entitled to participate in the APC primary election fixed for June 22, 2020 to select a candidate to represent it in the Edo state governorship election fixed for September 19, 2020.
II) an order restraining the APC from recognising Pastor Ize-Iyamu as an aspirant in the primary election.
III) an order restraining APC from granting Pastor Osagie Ize-Iyamu a waiver to participate in the primary.
Also on Friday, a Federal High Court (FHC), Benin, adjourned further hearing in a suit to determine if the June 22 governorship primary election of APC would be by direct or indirect mode to Monday.
Justice Morenike Ogunwomiju of the Court of Appeal had ordered Justice Mohammed Umar of FHC, Benin to try the suit on its merit, but the “problematic” injunctive order that he made on June 8, halting the June 22 governorship primary election of APC, was set aside.