Coalition of PDP Intelligentsia For Justice And Rule of Law (PDP-CIJRL) in quest for judicial interpretation of the processes that produced the All Progressives Congress, APC, candidate in Edo State, Osagie Ize-Iyamu, has called on the leadership of the Peoples Democratic Party, PDP, and Edo State chapter, to approach the Courts to challenge the provisional list of candidates released by the Independent National Electoral Commission, INEC.
The group in a statement signed by its Executive Director, Legal Matters, Fred Latimore Oghenesivbe Esq, said by virtue of the Court of Appeal ruling which upheld the decision of the lower court restoring the position and administrative powers of Chief Victor Giadom, as Acting National Chairman of the All Progressives Congress, APC, the Ajimobi/Etta faction which constituted the Governorship Primaries Adhoc Committee in Edo State; chaired by Imo State Governor, Hope Uzodinma, acted ultra vires their powers, and as agents unknown to their principal.
The group pointed out that Ajimobi was not the recognised agent of APC and Giadom, and as such his principal, the APC cannot ratify the outcome of a process which was undertaken by an unknown agent, adding that the lawful and recognised agent of the APC who had the powers to constitute the Governorship primaries Adhoc Committee in Edo State, was Chief Victor Giadom by virtue of the Court of Appeal ruling which upheld the order of the lower court.
It further averred that Ajumobi/Hilliard Etta acted in violation and fragrant disobedience of subsisting court judgment/orders which gave powers to Giadom to act as APC’s National Chairman, pointing out that action taken in disobedience of Court order and which amounts to contempt of Court cannot be ratified by APC NEC without resource to the rule of law.
The group recognised the doctrine of ratification which is to the effect that “Ratification is a principal’s approval of an act of its agent that lacked the authority to bind the principal legally.” Therefore, all that activities, decisions, orders and instructions given by Ajumobi/Etta faction including the inauguration of Edo APC Governorship primaries Adhoc Committee amounted to Contempt of Court, null and void ab-initio, and without effect whatsoever.
The legal lacuna which the group wants the Courts to resolve is; whether or not an act committed in fragrant disobedience to lawful court judgments/orders can be ratified in the face of Contempt without resource to rule of law.
In the light of the above, the coalition urged the national chairman of PDP, Prince Uche Secondus and the Edo State Chapter Chairman as well as the party’s legal team to cross fertilize legal opinions and take proactive steps to seek redress in a court of competent jurisdiction, so as to have the names of APC Governorship candidate in Edo State, Mr Osagie Ize-Iyamu expunged from INEC final list of candidates in August.
“It is obvious that INEC will publish the final list of Edo 2020 Governorship candidates in August. The commission stated that those objecting to names in the list should approach the courts to seek redress.
“The coalition is by this statement urging PDP to take advantage of the opportunity offered by INEC to approach the courts in respect of the processes and produces that led to the ratification of APC Governorship candidate in Edo State.
“Osagie Ize-Iyamu is the first candidate to be ratified in our fledging democracy and it appears that ratification of candidates is alien to the Electoral Act. It is important that we allow the courts to scrutinize the doctrine of ratification and subject it to rigorous legal interpretations in the light of the actions and inactions of the Ajumobi/Etta faction Contempt and for the courts to accept or reject the ratified APC Edo governorship candidate” the group added.
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