By Goodluck Ikiebe
Mr. Asue Ighodalo
The Court of Appeal sitting in Abuja has dismissed the case brought before it by a defeated governorship aspirant, Philip Shaibu.
The appellate court on Monday validated the candidature of Dr. Asue Ighodalo.
Ighodalo is the duly nominated candidate of the Peoples Democratic Party (PDP) in the September 21, 2023 Party primary in Edo State.
In the case of Rt. Hon. Philip Shaibu V. INEC & 3 ORS, issues 1 & 2 arose as a result of the preliminary objection filed by the respondents on locus standi and cause of action, the court resolved “Issue 1,
The Appeal Court while resolving the issues raised as a result of the preliminary objection filed by the Respondents, held that the Appellant, Philip Shaibu had the locus standi to institute the action.
It however held that the Appellant, Philip Shaibu did not satisfy the condition precedent (internal dispute resolution mechanism) before instituting the action.
The court thus described the suit as “premature”.
The Appellate Court also held that the Appellant failed to comply with provisions of Article 9 (g) (h) (i). NYAME V. INEC, stressing that condition precedent must be complied with before filing an action.
The Court further held: “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.
“The suit is premature. The position of the lower court is unassailable. Therefore the issue is resolved against the Appellant and in favour of the Respondents.”
