Edo guber: A’court declines to void Ighodalo’s nomination as PDP candidate

The court of appeal in Abuja has rejected a suit seeking to nullify the primary election of the Peoples Democratic Party (PDP) in Edo.

The primary produced Asue Ighodalo as the party’s governorship candidate.

Delivering judgment on Monday, a three-member panel of the appellate court, led by A.M Lamido, unanimously dismissed the appeal filed by Philip Shaibu, impeached deputy governor of the state.

The court dismissed the appeal marked CA/ABJ/CV/642/2024 for lacking in merit, adding that there was no reason to set aside the May 27 judgment of the federal high court in Abuja.

It awarded a N1 million cost against the appellant.

At the federal high court, Shaibu prayed the court to issue an order stopping the Independent National Electoral Commission (INEC) from accepting or recognising Ighodalo as the gubernatorial flagbearer of the PDP in the forthcoming election.

He contended that the primary election that produced Ighodalo was not conducted in compliance with the Electoral Act and the party’s constitution.

He prayed the court to, among other things, compel the party to conduct a fresh primary election in the state.

James Omotosho, the judge, held that Shaibu lacked the legal right to seek nullification of the primary poll.

Omotosho further held that the plaintiff did not meet the condition precedent to confer such a legal right on him.

According to the court, no evidence was adduced to establish that he participated in the primary election whose outcome he sought to nullify. 

The judge said it was a basic requirement of law that a plaintiff must take part in a disputed election to be able to challenge its outcome. 

He said there was overwhelming evidence that the plaintiff was not physically present at the Samuel Ogbemudia Stadium in Benin City, where the primary election of February 22 took place.