*The Futility of the Two Cases filed against the APC and its Candidates at Benin Division and Okada Division of the Edo State High Court by Proxies of Governor Godwin Obaseki and the PDP.*

- By Dan Osa-Ogbegie Esq.


The Social Media has been awash with infantile drivel being distributed by agents of the outgoing governor of Edo State, Godwin Obaseki on the two cases filed by Proxies of the outgoing Governor and the PDP ,one of which was filed at the Benin Registry of the Edo State High Court and another at the Okada Registry of the same High Court.

Both cases are challenging the the qualifications of the candidates of the All Progressives Congress in the September, 19th Edo State Governorship Elections -Pastor Osagie Ize-Iyamu (POI) and Mallam Gani Audu (MGA).

To start with, both cases are Statute Barred.By Section 285 (9) of the Constitution of the Federal Republic of Nigeria ,1999 (As Amended ).

For the avoidance of doubt ,Section 285(9) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended ,) is clear and unambiguous on the above indicated submission as it provides thus:

“Notwithstanding anything to the contrary in this Constitution, every Pre-Election Matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit”.

To activate this constitutional clause, a pre-election suit must be filed within 14 days from the occurrence of event or cause of action. Once the 14 days lapses, the court has no jurisdiction to entertain it. Therefore, a cause of action is statute-barred if legal proceedings cannot be commenced in respect of same, because the period laid down by the limitation law had elapsed.

The two cases filed by the Proxies of Obaseki and the PDP were filed on the 17th of July ,2020 .

The Publication by INEC of the names and Certificates of Candidates for the Edo State 2020 Governorship Elections occurred on the 2nd of July ,2020.

By the Supreme Court Authority of Gusua v .APC (2019) LPELR -56897 (SC),,the day an event takes place is inclusive in the computation of time in determining when the Cause of Action accrued in a Pre-Election Matter .

If we calculated 14 Days from the 2nd of July,2020 ,with the 2nd of July inclusive as provided by Law ,the Cause of Action as to the suing of Candidates for Elections in the 2020 Edo State Governorship Elections will expire and become non-justiciable on the 15th of July ,2020 .

The two Suits filed in Okada and Benin by the Proxies of Obaseki and the PDP ,were filed on the 17th of July,2020 ,two clear days after the Cause of Action has abated, become Otiose(serving no practical purpose or result) and non-justiciable .

They are therefore Statute Barred and they should be dismissed with substantial costs by the Courts as they Courts lack the requisite jurisdiction to adjudicate over those Matters, dismissal of same is the way to go .

This aspect of the Law is so clear and certain .The Obaseki and PDP Proxies missed their flight ,when they failed to file within time .

There are a Plethora of cases on this preposition of Law , many of which are Supreme Court Authorities on this score.

The Following Authorities many of which are Supreme Court Authorities are on all fours and support the preposition of Law canvassed in this expose ,one way or the other :

Toyin v. PDP (2019) 9 NWLR (Pt. 1676); Gusau v. APC (2019) LPELR-46897 (SC); Baruwa v. APC (2019) LPELR-47723 (CA); King v. Chandra Dharma (1905) 2 KB 335 @338; Amadi v. INEC (2013) 4 NWLR (Pt. 1345); Ojokolobo v. Alamu (1987) 3 NWLR (Pt. 61); Adah v. NYSC (2004) 13 NWLR (Pt. 891); Adebayo v. PDP (2013) 17 NWLR (Pt. 1382) 1; Odedo v. PDP (2013) LPELR 24738 (SC).

Those cases filed against the APC and its Candidates in the 2020 ,Edo State Governorship Elections in Benin and Okada are therefore Dead on Arrival.

We will however be paying close attention to activities in Court and Monitor same so that Justice will not just be done ,but will be seen to be done .

They’re filing those case in response to the one filed by APC at the Benin Federal High Court on 14/7/2020 against Obaseki and INEC.