The Suit #HAB/05/1/2, is between Pastor Kenneth Asekhomhe(suing for himself and on behalf of members the Executive Committee of the Edo state chapter of the APC, save those who may expressly dissociate themselves),  Mr Benjamin Oghumu, (suing for himself and on behalf of members the Executive Committee of the Orhionmwon LGA chapter of the APC, save those who may expressly dissociate themselves); Mr Matthew Ogbebor and Mr Unweni, (suing for himself and on behalf of members the Executive Committee of the the Edo state chapter of the Ugboko ward 5 of the Orhionmwon LGA chapter of the APC, save those who may expressly dissociate themselves), as claimants and the APC, Comrade Adams Oshiomhole (sued for himself and on behalf of members of the National Working Committee of the APC), and Pastor Osagie Ize-Iyamu, as respondents.

In the originating summons the claimants through Mr Ken Mozia,SAN, who is their attorney, are asking the court to determine the following questions:

1. Whether article 31(2) of the APC Constitution is not in conflict with Section 177(c) of the Nigerian Constitution as amended as it relates to the qualification for elected to the office of a Governor of a state.

2. Whether having regards to the provisions of section 177(c) of the Nigerian Constitution, the APC can validly grant a waiver to Pastor Osagie Ize-Iyamu to make him eligible to contest in the party primaries.

3. 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 Osagie Ize-Iyamu without the approval of the NEC of the APC and without Pastor Osagie Ize-Iyamu formally applying for such a waiver through his ward, LGA, State and Zonal Committee of the APC.

4. Whether a waiver purportedly granted by the Comrade Adams Oshiomhole (and the NWC) to Pastor Osagie Ize-Iyamu on or about 21-5-20 or any other date in gross violations 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.

And if questions 1-4 are answered in the negative and resolved in favor of the claimants, the claimants seek the following reliefs from the court:

1. A declaration that Article 31(2) of the APC 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.

2. A declaration that having regards to section 177(c) of the Nigerian Constitution the APC cannot validly grant a waiver to Pastor Osagie Ize-Iyamu to make him eligible to contest the APC primary elections with a view to nominating him as it’s candidate to contest the 2020 governorship elections of Edo state.

Alternatively,
3. A declaration that the NWC of the APC cannot grant any waiver to Pastor Osagie Ize-Iyamu to make him eligible to contest the primary elections to select the APC candidate without approval of the APC NEC.

4. A declaration that having regards to the provisions of Articles 31(2) and 31(3)(ii) of thee APC Constitution Comrade Adams Oshiomhole (and the APC NWC) cannot validly grant a waiver to Pastor Osagie Ize-Iyamu without the approval of the APC NEC and without Pastor Osagie Ize-Iyamu formally applying for such waiver through his claimed ward, LGA, state and zonal committees of the APC.

5. A declaration that any waiver purportedly granted by Comrade Adams Oshiomhole (and the APC 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.

6. A declaration that the waiver purportedly granted by the APC NWC to Pastor Osagie Ize-Iyamu to contest the primary elections as scheduled is null, void and of no effect.

The claimants further claim as follows:

I) an order restraining Pastor Osagie Ize-Iyamu from parading himself as an aspirant entitled to participate in the APC primary elections fixed for 22nd June 2020 to select a candidate to represent it in the Edo state government election fixed for 19th September 2020.

II) an order restraining the APC from recognizing Pastor Osagie Ize-Iyamu as an aspirant in the primary elections.

III) an order restraining APC from granting Pastor Osagie Ize-Iyamu a waiver to participate in the primary elections.

Hearing has been adjourned till June 17 ,2020.

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