BEVERLY HILLS, March 08, (THEWILL) – The Court of Appeal sitting in Benin City, in Edo State, has nullified the judgement of the High Court that nullified the candidacy of the deputy governorship candidate of the All Progressives Congress (APC) in the 2020 election, Audu Ganiyu and governorship candidate in that poll, Osagie Ize-Iyamu.
The High Court had in the judgement delivered on 6th January 2021 held that Ganiyu submitted false information to the Independent National Electoral Commission, INEC, in his Form EC9.
In delivering judgement on three separate appeals filed against the judgement by Osagie Ize-Iyamu, Audu Ganiyu and the APC, the Court of Appeal on Monday held that the case at the High Court was statute barred as the matter was filed out of time.
As to the claim of forgery, the court, set aside the judgement of the lower court holding that it lacked merit as no proof of forgery was made against the Defendant and the claims concerning the differences in spelling of name amounted to mere discrepancies and not enough to prove actus reus.
No other person had come out to claim that the Appellant was using his certificate, the court held.