An Abuja High Court yesterday, struck out the application of Mathew Iduoriyekemwen of the Peoples Democratic Party, PDP, urging the court 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.
Ize-Iyamu won the governorship primaries of the Sen. Ahmed Makarfi-led Peoples Democratic Party (PDP), while Iduoriyekemwen won under Ali Modu Sheriff-led PDP.
Ize-Iyamu was declared as the Governorship candidate of the PDP in the September 11 gubernatorial election in Edo State.
At the resumed hearing yesterday Iduoriyekemwen’s counsel, Mr. Ajibola Oluyede, told the court that he had filed an application for rejoinder and a preliminary objection urging it to dismiss the plaintiff’s suit.
Oluyede, however, withdrew the preliminary application seeking to dismiss the suit and his application was not opposed.
Ize-Iyamu’s counsel, Mr. Ferdinand Orbih (SAN) urged the court to dismiss the application seeking that his client’s suit for being incompetent and a waste of time to the court.
Orbih told the court that there was no reason why INEC shouldn’t have filed its processes.
Earlier, INEC’s counsel, Hassan Umar, said that under the law the matter could not be heard in this court.
Umar told the court that 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.
Justice Olukayode Adeniyi, struck out Iduoriyekemwen’s preliminary objection, which asked the court to dismiss Ize-Iyamu’s suit.
Adeniyi said that based on the agreement of all the counsel in the suit the matter was adjourned till August 16.
He ordered that all parties to still maintain status quo pending the determination of the motion for interlocutory injunctions.
The judge ordered INEC to file it submission properly.

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