The Court of Appeal sitting in Abuja has upheld the nomination of Asue Ighodalo as the Governorship Candidate of the People’s Democratic Party (PDP) in Edo State.
In a unanimous judgment delivered by Justice A. M. Lamido JCA in the suit marked CA/ABJ/CV/642/2024, the Appeal Court on Monday, July 22, 2024, dismissed an appeal brought by former Deputy Governor Philip Shaibu, challenging the May 27 judgment of Justice James Omotosho of the Federal High Court Abuja, which held that Dr. Asue Ighodalo is the rightful and duly nominated candidate of the PDP in Edo State.
The appellate court held that the trial court was right and unassailable in its ruling that the appellant (Philip Shaibu) did not satisfy the condition precedent before instituting the action; therefore, the suit was premature.
The court also affirmed the trial court’s decision that the appellant failed to prove his allegations of vote allocation against the respondent. They stated that the conduct of an election, as well as the results, are presumed regular until the contrary is proved, and there was no evidence from the appellant’s affidavit to show that votes were allocated to the 4th respondent.
Consequently, the court dismissed Philip Shaibu’s case and awarded ₦1,000,000 (One Million Naira) as costs against him and in favor of the respective respondents.
It may be recalled that a Federal High Court sitting in Abuja had, in the penultimate week, also affirmed Dr. Ighodalo as the Governorship Candidate of the PDP in the forthcoming September 21 Gubernatorial Election in Edo State.
