…Confirms Ighodalo as duly nominated candidate of party
The Court of Appeal sitting in Abuja on Monday dismissed an appeal brought by Anslem Ojezua challenging the June 26, 2024, judgment delivered by Justice Omotosho of a Federal High Court Abuja, which upheld the validity of the February 22, guber primaries of the People’s Democratic Party, PDP, in Edo State.
The appellate court also confirmed Dr. Asue Ighodalo as the validly nominated governorship candidate of the the party (PDP) in Edo State.
In a unanimous judgment delivered by Justice Obiora in the suit CA/ABJ/CV/775/2024, the Appeal Court held that the lower court was right in holding that the appellant’s case was premature as the appellant Ojezua failed to adhere to the internal dispute resolution mechanism and rules of the PDP before filing his case in court.
According to the appellate court since conditions precedent were not fulfilled by the plaintiff, the trial court was right to decline jurisdiction.
Justice Obiorah held that the none exhaustion of the internal dispute resolution mechanism of the PDP was fatal to the case of the appellant.
The appellate court noted that the plaintiff had written some petitions to the Chairman of the PDP three man ward panel as well as the Chairman of the Edo State PDP Primary Election Panel.
He added wherein he had alleged manipulation of the delegate list and cast aspersions on the process of the primary election, he did not say anywhere that he made any compliant about the conduct of the February 22 primary that produced Ighodalo as candidate.
Obiorah added that Ojezua, despite being aware of the PDP’s Electoral Appeal Panel, did not lodge any compliant about the conduct of the primary there before rushing to court.
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Besides, the appellate court faulted the appellant for seeking to separate the event leading to the primary election and the primary itself, noting that the alleged manipulation of delegate list cannot stand alone.
The appellate court further pointed out that where there are laid down rules it is not only biding on political parties but also there members.
He added that candidates just as political parties are expected to abide by their own constitution and guidelines.
“I resolve this issue against the appellant and in favour of the respondents “, Justice Obiorah held, adding that the trial court was right in striking out the case for want of jurisdiction.”
The appellate court faulted the trial judge for refusing to proceed with the merit of the case.
It however, held that invoking the Court of Appeal Rules to go into the merit of the case, would be of no use having agreed that the court lacked jurisdiction to entertain the suit.
“Since the lower court has no jurisdiction there is nothing for this court to invoke Section 15 of the Court of Appeal Rules.
“I cannot fault the decision of the lower court, accordingly I found no merit in this appeal, the only order to make is an order dismissing the appeal and I so do, the judgment of the lower court dismissing the suit for want of jurisdiction is hereby affirmed,” Obiorah held.
With the development, the coast is clear for Asue Ighodalo to remain in the race as the gubernatorial flagbearer of PDP in the forthcoming September 21, governorship election in Edo State.
