By PATRICK OCHOGA, Benin City
The Benin Division of the Court of Appeal yesterday set aside the judgement of the Edo State High Court that early this year disqualified the governorship candidate of the All Progressives Congress (APC), Pastor Osagie Ize-Iyamu and his running mate, Gani Audu in the September 19, 2020 governorship election on the ground that Audu filled forged documents in INEC’s form EC9.
The lower court presided over by Justice Courage Ogbebor ruled that the APC did not have a candidate for the election.
The APC, Ize-Iyamu and Audu filed separate appeals against the ruling.
At its sitting yesterday, the judges in an unanimous decision said there was no evidence of credentials forgery on the part of Gani Audu and also held that the case filed in the lower court by Kadiri Oshoakpemhe was statute barred is it was filed outside the 14 days constitutional provision.
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.