The Court of Appeal sitting in Abuja has upheld the primary election result that produced Asue Ighodalo as the Peoples Democratic Party (PDP) candidate for the upcoming governorship election in Edo State.
In a unanimous decision, a three-man panel dismissed the appeal filed by Philip Shaibu, the state’s embattled Deputy Governor.
The appeal, marked CA/ABJ/CV/642/2024, was dismissed due to lack of merit.
Justice A.M. Lamido, leading the panel, found no reason to overturn the Federal High Court’s May 27 ruling that validated the PDP’s primary election in Edo State. The court also awarded a cost of N1 million against Shaibu in favor of the respondents.
This decision follows a prior ruling by Justice James Omotosho of the Federal High Court. Justice Omotosho held that Shaibu lacked the locus standi, or legal standing, to challenge the primary election results because he did not participate in the primary held at the Samuel Ogbemudia Stadium in Benin City.
The court noted that Shaibu had instead participated in a parallel primary conducted at his residence by a faction of the party.
Justice Omotosho emphasized that Shaibu did not fulfill the necessary legal prerequisites to challenge the primary election and failed to exhaust the PDP’s internal dispute resolution mechanisms before approaching the court. The court concluded that Shaibu had no grounds to seek the nullification of Ighodalo’s candidacy and dismissed his suit for lack of merit.
In his initial suit, Shaibu had requested the court to prevent the Independent National Electoral Commission (INEC) from recognizing Ighodalo as the PDP’s gubernatorial candidate, arguing that the primary election was not conducted in compliance with the Electoral Act and the party’s constitution. He also sought a court order for a fresh primary election. However, all his requests were denied.
The appellate court’s decision reaffirms Ighodalo’s candidacy as the PDP prepares for the forthcoming governorship election in Edo State.