The Court of Appeal sitting in Abuja, on Monday, declined to nullify the primary election that produced Asue Ighodalo as the candidate of the Peoples Democratic Party (PDP) for the upcoming governorship election in Edo State.
In a unanimous decision by a three-man panel of Justices, the appellate court dismissed an appeal filed by the embattled Deputy Governor of the state, Philip Shaibu.
Shaibu, who was earlier impeached but recently reinstated by the court, sought to challenge the validity of the primary election.
The appeal, marked CA/ABJ/CV/642/2024, was dismissed for want of merit.
The Justice A. M. Lamido-led panel stated that it found no reason to overturn the May 27 judgment of the Federal High Court in Abuja, which had upheld the governorship primary election conducted by the PDP in Edo State.
Additionally, the court awarded a cost of N1 million against the appellant, Shaibu, and in favour of the respondents.
It will be recalled that Justice James Omotosho of the Federal High Court had ruled that Shaibu lacked the locus standi (legal standing) to nullify the primary election.
Justice Omotosho held that Shaibu did not meet the necessary conditions to confer such a legal right on him.
According to the court, there was no evidence to establish that Shaibu participated in the primary election he sought to nullify.
Justice Omotosho emphasized that it is a fundamental legal requirement for a plaintiff to have participated in a disputed election to challenge its outcome in court.
The court found overwhelming evidence that Shaibu was not physically present at the Samuel Ogbemudia Stadium in Benin City, where the PDP conducted its primary election on February 22. Instead, Shaibu participated in a parallel primary election held at his residence by a faction of the party.
Moreover, Justice Omotosho noted that Shaibu failed to exhaust the internal dispute resolution mechanisms of the PDP before approaching the court. Consequently, the court dismissed his suit for want of merit.
In his original suit, Shaibu had asked the court to stop the Independent National Electoral Commission (INEC) from accepting or recognizing Ighodalo as the PDP’s gubernatorial candidate.
He argued that the primary election was not conducted in compliance with the Electoral Act and the party’s constitution.
He also sought an order compelling the PDP to conduct a fresh primary election and an injunction restraining INEC from recognizing Ighodalo as the party’s authentic candidate.
All his prayers were rejected by the court.
The ruling by the Court of Appeal effectively solidifies Asue Ighodalo’s candidacy for the Edo State governorship under the PDP, clearing the way for the party’s preparations for the upcoming election.
