By Abel Johngold Orheruata
The dust raised over the Candidacy of Edo PDP Candidate, Dr. Asue Ighodalo has been laid to rest following the emergence of Certified True Copies (CTC) of the July 22nd Court of Appeal judgement which shows that the Appellate court indeed upheld the nomination of Dr. Asue Ighodalo as Candidate of the People’s Democratic Party (PDP) in the forthcoming September 21st Guber Election in Edo State
It maybe recalled that in a unanimous judgement delivered by Justice , A. M Lamido JCA in the suit marked CA/ABJ/CV/642/2024, the Court of Appeal Abuja had on the 22nd July 2024 dismissed an Appeal filed by embattled Deputy Governor Philip Shaibu against the May 27th Federal High Court Judgement of Justice James Omotosho which held that Dr. Asue Ighodalo was validly nominated as PDP Candidate in the February 22nd primaries which held in Benin City, Edo State.
Despite the judgement, Edo APC leader and Senator representing Edo Central District, Comrade Adams Oshiomhole had alleged that the Court of Appeal invalidated Ighodalo’s candidacy and therefore he was not “electable”. He made this statement while appearing as a Guest on a popular TV program last Tuesday.
However, a 60 page CTC Judgement of the Court of Appeal made available to newsmen, reveals that Oshiomhole’s claims are untrue as the Appellate court clearly ruled in favour of Asue Ighodalo and dismissed Phillip Shaibu’s case with a fine of One Million naira.
The court in its ruling agreed with position of the trial court that the Appellant Shaibu lacked the locus standi to institute and maintain a proper action against the respondent having not participated actively in the February 22nd primaries of the People’s Democratic Party(PDP) which he seeks to challenge.
The Appellate court also held that the Appellant Shaibu’s suit is premature and incompetent for his failure to fulfill a condition precedent which requires an aggrieved party in a primaries to submit to internal dispute resolution mechanism before filing an action in court.
Furthermore, the Court of Appeal ruled that the Appellant Shaibu hinged his case on alleged disenfranchisement of delegates and by extension argued that votes were unlawful allocated to the Respondent but failed woefully to adduce any iota of evidence in proof of his allegations.
“There is no evidence either from the depositions in his affidavit or documents annexed to his originating summons tending to show that votes were allocated to the 4th Respondent Ighodalo unlawfully.” Abubakar Lamido JCA held.
“In the light of the above, It is my considered opinion that the Appellant Shaibu did not prove his case to be entitled to the reliefs sought. The issues are resolved against the Appellant Shaibu and in favour of the respondents. This Appeal lacks merit and it ought to and is hereby dismissed. Costs of N1,000,000 to each respondent” The Judgement further reads
Following these revelations, the coast is now clear regarding the authenticity and validity of the primaries which produced Dr. Asue Ighodalo as Candidate of the PDP. The Appellate court, in this judgement, also settled and discountenanced the issue of alleged unlawful exclusion of 393 delegates earlier determined by Justice Ekwo of the Federal High Court Abuja..
Meanwhile, further investigations on INEC’s portal reveals that Dr. Asue Ighodalo is the PDP Candidate in Edo State as his name and particulars are published in the final list of Candidates released by the commission.