The Court of Appeal in Abuja has struck out the appeal by governorship aspirants of the People’s Democratic Party (PDP) in Edo State, Arthur Esene and Anselm Ojezua seeking to disqualify the party’s candidate in the forthcoming September 21 governorship election, Asue Ighodalo.
In the appeal, Esene and Ojezua had prayed the Court to set aside the April 17 judgment by Justice James Omotosho of the Federal High Court, Abuja which dismissed their suit for being statute barred.
Justice Omotosho had also held that, not only did they fail to prove their claim that Ighodalo forged his voter’s card, non-possession of voter’s card did not constitute a disqualifying factor under the Constitution and the Electoral Act to deny a candidate from contesting election.
In the lead judgment of the Court of Appeal on Friday, Justice Hamma Barka affirmed the judgment by Justice Omotosho and held that the suit filed before the Federal High Court by Ojezua and four others was filed out of time and statute barred.
Justice Barka also agreed with the finding of the Federal High Court that, not only did Ojezua and others failed to establish their claim that Ighodalo forged his voter’s card, their suit was bereft of any merit because it was based on a flawed assumption that not possession of a voter’s card constitutes a ground to disqualify a candidate from contesting election.
