The Court of Appeal Abuja, has declined to nullify the primary election that produced Asue Ighodalo as candidate of the Peoples Democratic Party (PDP), for the impending governorship election in Edo State.
In a unanimous decision by a three-man panel, the appellate court dismissed an appeal that was filed by the embattled Deputy Governor of the state, Philip Shaibu.
While dismissing the appeal l for lacking in merit, the court said it found no reason to set aside the May 27 judgement of the Federal High Court in Abuja, which refused to invalidate the governorship primary election the PDP conducted in Edo state based on the suit by the appellant.
The appellate court also awarded a cost of ₦1m against Shaibu in favour of the respondents in the matter.
Justice James Omotosho of the Federal High Court Abuja had in his judgement of May 27, affirmed by the appellate court, held that the deputy governor, Shaibu, lacked the legal right to seek to nullify the outcome of the primary poll.
Justice Omotosho held that he 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
