A court of Appeal sitting in Abuja has a case seeking to nullify the election of Asue Ighodalo as the governorship candidate of the People’s Democratic Party, PDP in the upcoming Edo state elections.
This appeal which was filed by Phillip Shaibu, the deputy governor of the Edo state was dismissed in a unanimous decision by a three man panel of Justice.
Justice A.M Lamido led panel dismissed the case for want of merit, seeing no reason to go against an earlier decision by the Federal High Court in Abuja which refused to nullify the primary election conducted by the PDP in Edo state.
It will be recalled that Justice James of Omotosho of the high court had in his judgement that was affirmed by the appellate court, held that the deputy governor, Shaibu, lacked the locus standi (legal rights) to seek to nullify the outcome of the primary poll.
Justice Omotosho held that the Plaintiff 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.
It will be recalled that Phillip Shaibu had in his suit, prayed the court to issue an order, stopping the Independent National Electoral Commission, INEC, from accepting or recognizing Ighodalo as the gubernatorial flag-bearer of the PDP.
He contended that the primary election that produced Ighodalo was not conducted in compliance with both the Electoral Act and the Constitution of the party.
He prayed the court to among other things, compel the PDP to conduct a fresh primary election in the state.
The plaintiff further sought an order to restrain the INEC from recognising Ighodalo as the authentic candidate of the party.
All his prayers were rejected by the court.
The appeal court went ahead to order the Appellant, Phillip Shaibu to pay a sum of N1million to Asue Ighodalo the respondent.
