From Kayode Lawal, Abuja.
The Federal High Court in Abuja has dismissed a suit instituted by the impeached Deputy Governor of Edo State, Phillip Shuaib challenging the conduct of the primary election of the People’s Democratic Party PDP that produced Asuen Ighodalo as candidate.
Justice James Kolawole Omotoso dismissed the suit on various grounds among which are that the plaintiff has no locus standi (legal rights) to institute the case and his failure to meet conditions precedent before filing the case.
The Judge held that the former Deputy Governor having not participated in the primary election has no legal right under the law to challenge or attack same.
Justice Omotoso said that there was overwhelming evidence that Shuaib was not physically present at the Samuel Ogbemudia Stadium in Benin City where the primary election was conducted on February 22.
The court said that it was clear and unchallenged that the impeached Deputy Governor participated in a parallel primary election conducted in his own residence.
Besides, Justice Omotoso held that Shuaib failed to explore internal mechanism of the PDP as stipulated by law to ventilate his anger before rushing to the court.
He also held that the former Deputy Governor has no basis to call for cancellation of the primary election and nullification of the candidacy of Ighodalo since he did not participate in poll as required before he can qualify to lodge any complaints or have legal rights to sue anybody in respect of the election.
The Edo governorship election is expected to hold on September 24 this year.
Shuaib had in his suit prayed the Court to issue order stopping the Independent National Electoral Commission INEC from accepting or recognizing Ighodalo as governorship candidate of PDP.
He also requested the court for another order to compel PDP to conduct a fresh primary election.
His grouse was mainly that the provisions of the Electoral Act 2022 and PDP guidelines were violated in the conduct of the primary election held on February 22.
