The Court of Appeal Abuja, has 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 appeal filed by the state’s embattled deputy governor, Philip Shaibu, was denied by the appellate court in a unanimous ruling by a panel of three judges.
The Federal High Court in Abuja ruled on May 27 to uphold the validity of the PDP’s governorship primary election in Edo state, rejecting the appellant’s action. The court dismissed the appeal as without merit, but stated it could not see any cause to reverse this decision.
The appellate court also awarded a cost of ₦1m against Shaibu in favour of the respondents in the matter.
Justice James Omotosho of the Federal High Court Abuja had in his judgement of May 27, affirmed by the appellate court, held that the deputy governor, Shaibu, lacked the legal right to seek to nullify the outcome of the primary poll.
Justice Omotosho held that he 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.
