Court dismisses Phillip Shaibu’s suit seeking annulment of Edo PDP governorship primary

The Federal High Court, Abuja, has dismissed a suit filed by the Deputy Governor of Edo State, Phillip Shaibu, challenging the primary election of the Peoples Democratic Party, PDP, which fielded Asuen Ighodalo as its candidate.

Justice James Kolawole Omotoso dismissed the suit on various grounds, among them that the plaintiff did not have locus standi (legal rights) to sue and non-compliance with conditions precedent.

The judge ruled that the former deputy governor, having not participated in the primary elections, had no right under the law to challenge or attack him.

Justice Omotoso said there was overwhelming evidence that Shaibu was not physically present at the Samuel Ogbemudia Stadium in Benin City where the primary elections took place on February 22.

The court said it was clear and indisputable that the indicted deputy governor participated in a parallel primary election held at his residence.

Furthermore, Justice Omotoso held that he did not explore the internal mechanisms of the PDP to express his anger before rushing to court.

He also held that the former vice governor had no reason to call for the annulment of the primary elections and the annulment of Ighodalo’s candidacy since he had not participated in the poll as required before to be able to file a complaint or have the legal right to sue anyone. regarding the election.

The Edo governorship election is expected to take place on September 24 this year.

Shuaibu had, in his suit, prayed the Court to issue an order restraining the Independent National Electoral Commission, INEC, from accepting or recognizing Ighodalo as the PDP governorship candidate.

He also sought another order to compel the PDP to hold new primary elections.

His complaint was mainly that the provisions of the 2022 Elections Act and the PDP guidelines were violated during the conduct of the primary elections.