Asue Ighodalo
The Court of Appeal in Abuja, on Monday morning dismissed the case brought before it by Philip Shaibu, reinforcing Ighodalo as the valid candidate of the Peoples Democratic Parry (PDP) in the September 21 governorship election 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 that issue 1, predicated on locus standi is resolved against the Respondent and in favor of the Appellant as the Appellant had the locus standi to institute the action
On Issue 2, the trial court held that the Appellant did not satisfy the condition precedent before (internal dispute resolution mechanism) instituting the action, therefore, the suit was premature.
The Appellant failed to comply with provisions of Article 9 (g) (h) (i). NYAME V. INEC condition precedent must be complied with before filing an action.
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 favor of the Respondents.
