The Court of Appeal, Abuja Division, has rejected an appeal to nullify the Peoples Democratic Party (PDP) primary election that produced Asue Ighodalo as the party’s gubernatorial candidate for the September 21 governorship election in Edo State.
The Appeal Court, in a unanimous decision by a three-member panel led by A. M Lamido, on Monday, July 22, 2024, dismissed the appeal filed by the embattled deputy governor of Edo State, Philip Shaibu.
Shaibu was earlier impeached from office but was recently reinstated by the court.
While dismissing the appeal for want of merit, Lamido held that it found no reason to set aside the May 27 judgement of the Federal High Court in Abuja.
The judge further ruled that the trial court was right for refusing to invalidate the outcome of PDP primary election based on the suit by the appellant.
Lamido awarded a N1 million fine against the appellant.
Edo deputy governor Shaibu dumps PDP for APC
Justice James Omotosho of the Federal High Court had, in his judgement that was affirmed by the appellate court, held that Shaibu lacked the legal right to seek to nullify the outcome of the primary election.
Justice Omotosho held that the plaintiff did not meet the condition precedent to confer such a legal right on him.
According to him, 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 not physically present at the Samuel Ogbemudia Stadium in Benin, the Edo State capital, where the primary election took place on February 22.
Shaibu had in the suit prayed the court to issue an order stopping the Independent National Electoral Commission (INEC) from accepting or recognising Ighodalo as the PDP gubernatorial flag bearer in the election.
He said the primary election that produced Ighodalo was not conducted in compliance with both the Electoral Act and the party’s constitution.
He prayed the court to, among other things, compel the PDP to conduct a fresh primary election in Edo State.
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