Politics
Edo Election: Phillip Shaibu Loses bid To Void Ighodalo’s Candidacy
The Federal High Court in Abuja has dismissed the lawsuit filed by the impeached deputy governor of Edo State, Phillip Shuaibu, in which he sought to nullify the February 22 governorship primary of the Peoples Democratic Party (PDP).
Nation Post recalls that Asue Ighodalo emerged as the winner of the party’s primary.
In the judgment delivered yesterday, Justice James Omotosho stated that Shuaibu did not have the legal standing to challenge the outcome of the primary since he did not fully participate in it and was not present at the venue on the day it took place.
The court ruling was based on Shuaibu’s request for a fresh primary. Justice Omotosho emphasized that although it was clear that Shuaibu had expressed his interest in running for governorship by purchasing the necessary forms, there was no evidence of his actual participation in the primary.
Furthermore, the judge noted that Shuaibu failed to effectively refute the defendant’s claim that he had only participated in a parallel primary held at his residence.
Justice Omotosho stated that when an individual purchases the Expression of Interest and Nomination forms, undergoes screening and clearance, but fails to physically participate in the primary, they forfeit the right to challenge the outcome.
Additionally, the judge ruled that Shuaibu’s lawsuit was premature as he had not exhausted the internal dispute resolution mechanism within his party before resorting to legal action.
The court determined that Shuaibu, as a member of the PDP, was obligated to abide by the party’s rules and regulations. These rules stipulate that any dissatisfied candidate in a primary election must first seek resolution through the party’s Appeal Committee before resorting to legal action.
The judge concluded that since Shuaibu had not exhausted the internal dispute resolution mechanism provided by his party, the lawsuit he filed was premature. As a result, the court lacked jurisdiction to hear the case.
Justice Omotosho further ruled that Shuaibu failed to present credible evidence to support his claim that the primary election was manipulated and that 393 delegates were disenfranchised.
Additionally, the judge determined that the plaintiff’s allegations of irregularities in the conduct of the primary lacked credible evidence.
Furthermore, the court found sufficient evidence to establish that Ighodalo was the actual winner of the primary election.
In a separate ruling on another lawsuit filed by Shuaibu, Justice Omotosho granted him permission to amend his originating process from originating summons to writ of summons. This decision was made due to the contentious issues raised in the suit, which warranted the presentation of oral evidence.
Through the second lawsuit, Shuaibu is challenging his impeachment as the deputy governor of Edo State.
