The Court of Appeal sitting in Abuja has declined to nullify the primary election that produced Asue Ighodalo as the candidate of the Peoples Democratic Party (PDP) for the upcoming governorship election in Edo State.
The appellate court’s decision was a unanimous one by a three-man panel of Justices, which dismissed an appeal filed by the embattled Deputy Governor of Edo State, Philip Shaibu.
Shaibu, who was earlier impeached from office but recently reinstated by the court, had sought to invalidate the PDP primary election.
However, the appeal marked CA/ABJ/CV/642/2024 was dismissed for lack of merit. The Justice A. M Lamido-led panel found no reason to overturn the May 27 judgment of the Federal High Court in Abuja, which had refused to invalidate the primary election based on Shaibu’s suit.
The court went further to award a cost of ₦1 million against Shaibu and in favour of the respondents.
Justice James Omotosho of the Federal High Court had earlier ruled that Shaibu lacked the locus standi, or legal right, to challenge the primary election’s outcome.
The court held that Shaibu did not meet the legal prerequisites to dispute the election, as there was no evidence he participated in the primary election conducted at Samuel Ogbemudia Stadium in Benin City on February 22.
Justice Omotosho emphasized that Shaibu was not physically present at the primary election and had instead participated in a parallel primary election conducted at his residence by a faction of the party.
Additionally, the court noted that Shaibu failed to exhaust the internal dispute resolution mechanisms of the PDP before approaching the court.
The PDP’s primary election had been a contentious issue, with Shaibu challenging its legitimacy. However, the courts have consistently ruled against him, affirming Asue Ighodalo’s candidacy for the forthcoming governorship election in Edo State.
Shaibu’s appeal was part of his broader efforts to challenge the primary election’s validity and assert his standing within the party.
Despite his impeachment and subsequent reinstatement, the courts have determined that his legal arguments lacked sufficient merit to alter the primary election’s outcome.
