By Abiola Olawale
The Court of Appeal sitting in Abuja on Monday struck out a lawsuit filed before it by the former Deputy Governor of Edo State, Philip Shaibu, seeking the nullification of the candidacy of the Edo state governorship candidate of the Peoples Democratic Party (PDP), Asue Ighodalo.
The appellate court also upheld the candidacy of Ighodalo as the duly nominated and authentic candidate of the PDP for the September 21 governorship election in Edo State.
In the ruling on Monday, Justice, A. M Lamido-led three-man panel held that Shaibu’s suit was premature, noting that the position of the lower court was unassailable.
Justice Lamido who read out the ruling said the lower court corrected and issued a judgment that Shaibu did not satisfy the condition precedent (internal dispute resolution mechanism) before instituting the action and therefore declared that the suit was premature.
The court also awarded a cost of 1,000,000 against Shaibu and in favour of Ighodalo, the Independent National Electoral Commission, and two others.
He 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.”
According to the ruling, 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 noted that failure to comply with the provision of Article 9 (g), (h), and (i) cannot just be glossed over as it goes to the issue of jurisdiction.
