A court of Appeal sitting in Abuja on Monday upheld the candidacy of Dr. Asue Ighodalo as the duly nominated and authentic candidate of Peoples Democratic Party for 2024 governorship election coming up on September 21 in Edo State.
Gatekeepers News reports that the presiding judge, Justice A. M Lamido dismissed the case brought before it by the reinstated Edo Deputy Governor, Philip Shaibu, upholding the ruling of the trial court which affirmed Ighodalo as the valid candidate.
The Federal High Court had ruled that the appellant did not satisfy the condition precedent (internal dispute resolution mechanism) before instituting the action.
The court ordered Shaibu to pay a cost of 1,000,000, favouring Ighodalo, the Independent National Electoral Commission, and two others.
It ruled that the appellant failed to comply with provisions of Article 9 (g) (h) (i). NYAME V. INEC that condition precedent must be complied with before filing an action.
The court added that failure to comply with the provision of Article 9 (g), (h), and (i) is not one that can just be glossed over as it goes to the issue 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.”
It also stated that where the authenticity of a document relied on is challenged, oral evidence ought to be called to resolve the issue, adding that the conduct of an election as well as results are presumed regular until the contrary is proved.
The court ruled, “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.”
