Edo Deputy Governor Philip Shaibu was earlier impeached from office but recently got reinstated by the court.
By Jeffrey Agbo
The Court of Appeal sitting in Abuja has upheld Asue Ighodalo as the PDP’s candidate for the upcoming governorship election in Edo.
A three-member panel led by Justice A. M. Lamido gave a unanimous judgement on Monday on the appeal filed by Deputy Governor Philip Shaibu.
Shaibu was earlier impeached from office but recently got reinstated by the court.
While dismissing the appeal for want of merit, Lamido held that it found no reason to set aside the May 27 judgment of the Federal High Court in Abuja.
The court further ruled that the trial court was right for refusing to invalidate the outcome of PDP primary election based on the suit by the appellant.
It awarded a N1 million cost against Shaibu.
READ ALSO: Reinstated Edo Deputy Gov Shaibu quits PDP, returns to APC
Justice James Omotosho of the Federal High Court had, in his judgment that was affirmed by the appellate court, held that Shaibu lacked the legal right to seek to nullify the outcome of the primary poll.
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.
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 that there was overwhelming evidence that the plaintiff was never physically present at the Samuel Ogbemudia Stadium in Benin City, where the primary election took place on February 22.
Shaibu, who has now joined APC, had contended that the primary election that produced Ighodalo was not conducted in compliance with both the Electoral Act and party’s constitution.