The Court of Appeal in Abuja has dismissed an appeal filed by Philip Shaibu, the embattled Deputy Governor of Edo State, challenging the primary election that produced Asue Ighodalo as the Peoples Democratic Party’s (PDP) candidate for the upcoming governorship election.
A three-man panel of justices led by Justice A. M. Lamido, on Monday, unanimously held that Shaibu lacked the legal right to seek nullification of the primary election.
The court affirmed the May 27 judgment of the Federal High Court in Abuja, which refused to invalidate the governorship primary election conducted by the PDP in Edo State.
The appellate court awarded a cost of N1 million against Shaibu and in favour of the respondents.
Justice James Omotosho of the Federal High Court had earlier held that Shaibu did not participate in the primary election and therefore lacked the locus standi to challenge its outcome.
The court noted that Shaibu participated in a parallel primary election conducted in his residence by a faction of the party and failed to explore and exhaust the internal dispute resolution mechanism of the PDP before approaching the court.
Shaibu had prayed the court to stop the Independent National Electoral Commission (INEC) from accepting or recognizing Ighodalo as the PDP’s gubernatorial candidate, contending that the primary election was not conducted in compliance with the Electoral Act and the party’s constitution.
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