The Court of Appeal sitting in Abuja, on Monday, declined to nullify the primary election that produced Asue Ighodalo as candidate of the Peoples Democratic Party, PDP, for the impending governorship election in Edo State.
The appellate court, in a unanimous decision by a three-man panel of Justice, dismissed an appeal that was filed by the embattled Deputy Governor of the state, Philip Shaibu, who was earlier impeached from office but recently reinstated by the court.
While dismissing the appeal marked: CA/ABJ/CV/642/2024, for want of merit, the Justice, A. M Lamido-led panel said it found no reason to set aside the May 27 judgement of the Federal High Court in Abuja, which refused to invalidate the governorship primary election the PDP conducted in Edo state based on the suit by the Appellant.
It went ahead and awarded a cost of N1million against the Appellant and in favour of the Respondents in the matter.
It will be recalled that Justice James of Omotosho of the high court had in his judgement that was affirmed by the appellate court, held that the deputy governor, Shaibu, lacked the locus standi (legal rights) to seek to nullify the outcome of the primary poll.
Justice Omotosho held that the Plaintiff did not meet the condition precedent that would have conferred such legal right on him.
According to the court, no evidence was adduced to establish that he participated in the primary election he sought to nullify its outcome.
Justice Omotosho held that it was a basic requirement of the law that a plaintiff must take part in a disputed election to be able to challenge its outcome in court.
He said there was overwhelming evidence that the plaintiff was never physically present at the Samuel Ogbemudia Stadium in Benin City, where the PDP conducted it primary election on February 22.
The court said there was an unchallenged evidence that the deputy governor participated in a parallel primary election that was conducted in his residence by a faction of the party.
More so, Justice Omotoso held that the plaintiff failed to explore and exhaust the internal dispute resolution mechanism of the PDP as stipulated by the law, before he approached the court with the suit.
He further held that the plaintiff had no basis to call for the cancellation of the primary election result and the nullification of Ighodalo’s candidacy since he did not participate in the exercise.
He, therefore, dismissed the suit for want of merit.
It will be recalled that the deputy governor had in his suit, prayed the court to issue an order, stopping the Independent National Electoral Commission, INEC, from accepting or recognizing Ighodalo as the gubernatorial flag-bearer of the PDP.
He contended that the primary election that produced Ighodalo was not conducted in compliance with both the Electoral Act and the Constitution of the party.
He prayed the court to among other things, compel the PDP to conduct a fresh primary election in the state.
The plaintiff further sought an order to restrain the INEC from recognising Ighodalo as the authentic candidate of the party. All his prayers were rejected by the court.
