The Court of Appeal sitting in Abuja has delivered a verdict in a case involving the Peoples Democratic Party and its governorship candidate for the Edo State election, Asue Ighodalo.
The court declined to nullify the primary election that produced Ighodalo as the PDP’s candidate, dismissing an appeal filed by the Deputy Governor of Edo State, Philip Shaibu.
Shaibu, who was recently reinstated after being impeached, had challenged the primary election’s validity, citing irregularities and non-compliance with the Electoral Act and the PDP’s constitution. However, the three-man panel of Justice, led by A. M. Lamido, found no merit in Shaibu’s appeal and affirmed the May 27 judgment of the Federal High Court in Abuja.
The lower court had refused to invalidate the primary election, citing Shaibu’s lack of locus standi (legal rights) to challenge the outcome. Justice James Omotosho of the high court had earlier ruled that Shaibu did not participate in the primary election and therefore had no legal right to challenge its outcome.
The court also noted that Shaibu participated in a parallel primary election at his residence, which was conducted by a faction of the party. Furthermore, the court held that Shaibu failed to explore and exhaust the internal dispute resolution mechanism of the PDP as stipulated by the law, before approaching the court with the suit.
The appellate court awarded a cost of N1 million against Shaibu and in favor of the respondents. Shaibu had sought an order stopping the Independent National Electoral Commission from accepting Ighodalo as the PDP’s gubernatorial candidate, citing non-compliance with the Electoral Act and the party’s constitution.
He also prayed the court to compel the PDP to conduct a fresh primary election in the state and to restrain INEC from recognizing Ighodalo as the authentic candidate of the party. However, all his prayers were rejected by the court.
The court’s decision has significant implications for the upcoming governorship election in Edo State, as it clears the way for Ighodalo to contest the election as the PDP’s candidate.