The court held that Mr Shaibu did not participate in the primary election and, therefore, had no right to call for its cancellation.
The Appeal Court in Abuja has rejected an appeal to nullify the Peoples Democratic Party (PDP) primary election that produced Asue Ighodalo as its candidate for the upcoming Governorship Election in Edo.
The appellate court, in a unanimous decision by a three-member panel led by A. M Lamido on Monday, dismissed the appeal filed by the embattled Deputy Governor of the state, Philip Shaibu.
Mr Shaibu was earlier impeached from office but recently got reinstated by the court, though he is yet to resume his office. He has now defected to the APC.
While dismissing the appeal marked CA/ABJ/CV/642/2024 for want of merit, Mr Lamido held that it found no reason to set aside the 27 May judgement of the Federal High Court in Abuja.
The court further ruled that the trial court was right for refusing to invalidate the outcome of the PDP primary election based on the suit by the appellant.
It awarded a N1 million cost against the appellant.
Justice James Omotosho of the Federal High Court had, in his judgement that the appellate court affirmed, held that Mr Shaibu lacked the legal right to seek to nullify the outcome of the primary poll.
Mr Omotosho further held that the plaintiff did not meet the condition precedent to confer such a 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.
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Mr 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.
He said there was overwhelming evidence that the plaintiff was never physically present at the Samuel Ogbemudia Stadium in Benin City, where the primary election of 22 February took place.
The News Agency of Nigeria (NAN) reports that Mr Shaibu had in the suit prayed the court to issue an order stopping the INEC from accepting or recognising Mr Ighodalo as the gubernatorial flagbearer of the PDP in the election.
He contended that the primary election that produced Mr Ighodalo was not conducted in compliance with both the Electoral Act and the party Constitution.
He prayed the court to, among other things, compel the party to conduct a fresh primary election in the state.
(NAN)
