In the case involving the state’s deputy governor, Philip Shaibu, a unanimous decision of the appeal court was delivered by a three-member panel led by A. M. Lamido. The decision, delivered on Monday, dismissed the appeal filed by the contested deputy governor of the state.
Shaibu was initially removed from office but was recently reinstated by the court.
In dismissing the appeal marked: CA/ABJ/CV/642/2024, for lack of merit, Lamido held that there was no reason to revisit the May 27 judgment of the Federal High Court, Abuja.
Furthermore, the court held that the trial court was right in refusing to invalidate the result of the PDP primary election based on the appellant’s complaint. It ordered the appellant to pay a fine of N1 million.
Justice James Omotosho of the Federal High Court had, in his judgment upheld by the Court of Appeal, held that Shaibu had no legal right to seek the annulment of the primary election result.
Omotosho also argued that the plaintiff had not fulfilled the prerequisite to be granted such legal right.
According to the court, no evidence was adduced to establish his participation in the primary election whose result he was seeking to have annulled.
Omotosho said it was a fundamental principle of the law that a plaintiff must take part in a contested election to be able to challenge its result in court.
He noted that there was overwhelming evidence that the plaintiff was never physically present at the Samuel Ogbemudia Stadium in Benin City, where the February 22 primary election was held.
It is noteworthy that Shaibu had asked the court to issue an order restraining the Independent National Electoral Commission (INEC) from accepting or recognising Ighodalo as the PDP governorship candidate in the elections.
He argued that the primary election that produced Ighodalo was not conducted in accordance with the electoral law and the party’s constitution.
The case continues to attract public interest and raises questions about the legitimacy of electoral processes and the remedies available in the event of challenges. The decisions of the courts highlight the importance of due process and stakeholder participation in ensuring free and fair elections.