The All Progressives Congress has petitioned the Chief Judge of the Federal High Court, Justice John Tsoho, to transfer two suits challenging the candidacy of Mr. Osagie Ize-Iyamu as its flag-bearer in the September 16 governorship election in Edo State, from Justice Taiwo Taiwo to another judge of the court.
The party claimed that it would not get justice from Justice Taiwo whom it alleged has strong ties with River State Governor, Nyesom Wike who belongs to the opposition Peoples Democratic Party (PDP).
In the petition dated August 20, 2020, signed by its National Secretary, John Akpanudoedehe, APC further alleged that Wike had openly boasted that he would do everything to ensure that the PDP won the Edo State governorship election.
The PDP has as its candidate, the incumbent governor, Godwin Obaseki, who recently defected from the APC to the party.
Also, the APC expressed doubts about the Taiwo’s impartiality in the handling of the cases so far.
The petition read in part, “That on August 10, 2020, when Suit No: FHC/ABJ/CS/758/2020 came up for mention, the learned judge, suo motu, abridged the time allowed by law for the defendants to respond, even when some of the defendants have not been served with the originating processes, by fixing the matter for August 24, 2020, for hearing and that responses must be filed before then.
“That at the time the learned judge made the said order, a motion on notice to abridge time was pending before the court which had not been served on all parties.”
The party stated that it had no confidence that it would get justice before Justice Taiwo.
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It therefore requested that “the said matters be transferred to any other vacation Judge in the Federal Capital Territory.”
In one of the two suits referred to in the petition, two APC members, Momoh Abdul-Razak and Zibiri Muhizu, asked the court to disqualify the party’s governorship candidate, Ize-Iyamu, and his running mate, Mr Audu Faniyi.
The plaintiffs claimed in the suit that Ganiyu gave false information to INEC in aid of his qualification for the governorship election.
When Abdul-Razak and Muhizu’s cases came up for hearing on Monday, Justice Taiwo said he could suspend hearing the case to await the decision of the Chief Judge.
The judge told Ize-Iyamu’s counsel, Mr Roland Otaru (SAN), and counsel for Ehiogie West-Idahosa, that the court’s new practice direction did not allow a judge to withdraw from a suit the moment a petition was filed.
The defence lawyers applied for an adjournment to enable them to respond to the suit.
Further proceedings was adjourned till September 3.
