The Federal High Court in Abuja has dismissed the legal challenge brought by the impeached Deputy Governor of Edo State, Phillip Shaibu, against the primary election of the Peoples Democratic Party that resulted in the selection of Asuen Ighodalo as the party’s governorship candidate.
The case, presided over by Justice James Kolawole Omotoso, was dismissed on multiple grounds, primarily focusing on Shaibu’s lack of locus standi (legal standing) and failure to meet the required procedural conditions.
Justice Omotoso articulated that Shaibu, having not participated in the primary election held at the Samuel Ogbemudia Stadium in Benin City on February 22, had no legal basis to challenge its outcome.
“The former Deputy Governor, having not participated in the primary election, has no right under the law to challenge or attack same,” stated the judge.
Evidence presented in court showed that Shaibu was not present at the official venue of the primary, and instead, participated in a parallel primary election conducted at his residence.
Furthermore, Justice Omotoso criticized Shaibu for not utilizing the internal mechanisms of the PDP to address his grievances before seeking judicial intervention.
He underscored that Shaibu’s call for the cancellation of the primary election and nullification of Ighodalo’s candidacy was unfounded since Shaibu did not fulfill the participation criteria necessary to file such a complaint.
Shaibu’s legal action sought to prevent the Independent National Electoral Commission from recognizing Ighodalo as the PDP’s governorship candidate and demanded a fresh primary election, alleging violations of the Electoral Act 2022 and PDP guidelines. However, the court found these claims insufficient to merit the requested relief.
This ruling comes ahead of the Edo governorship election scheduled for September 24, marking a crucial point in the state’s political landscape. The judgment reinforces the legal principles surrounding electoral participation and internal party dispute resolution mechanisms, setting a precedent for similar cases in the future.
