The Court of Appeal in Abuja has confirmed Dr. Asue Ighodalo as the properly nominated candidate of the Peoples Democratic Party for the September 21 governorship election in Edo State.
In Monday’s ruling, a three-judge panel led by Justice A. M. Lamido rejected the case brought by reinstated Edo Deputy Governor Philip Shaibu, supporting the trial court’s decision that declared Ighodalo as the legitimate candidate.
The Federal High Court had previously ruled that the appellant did not follow the required internal dispute resolution process before filing the lawsuit, deeming the suit premature.
Affirming the trial court’s judgement, the panel ruled the suit as premature, stating the lower court’s decision was indisputable.
The court consequently imposed a cost of 1,000,000 on Shaibu, ruling in favor of Ighodalo, the Independent National Electoral Commission, and two additional parties.
The ruling stated that the appellant did not adhere to the requirements of Article 9 (g) (h) (i). In the case of NYAME V. INEC, it was emphasized that the prerequisite conditions must be met before initiating a lawsuit.
The court observed that neglecting to adhere to the requirements of Article 9 (g), (h), and (i) is not something that can be overlooked, as it pertains directly to the matter of jurisdiction.
Resolving against the appellant and in favour of the respondents, the court held that “the suit is premature” and “the position of the lower court is unassailable.”
The Appeal Court also noted that if the validity of a document being used is disputed, oral testimony should be presented to clarify the matter. Additionally, it emphasized that the process and outcomes of an election are assumed to be correct unless proven otherwise.
“No evidence from the affidavit of the appellant to show votes were allocated to the 4th respondent. The appellant failed to prove his case as held by the trial court. The issue is resolved against the appellant and in favour of the respondents.“Judgment of trial court is hereby affirmed. A cost of 1,000,000 is awarded against the appellant and in favour of the respective respondents,” the court ruled.
Source: The PUNCH
