A Federal High Court in Abuja has dismissed a lawsuit brought by the impeached deputy Governor of Edo State, Phillips Shaibu, seeking to nullify the February 22, governorship primary of the Peoples Democratic Party in the state.
Asue Ighodalo was declared the winner of the party’s governorship primary election, which took place in Benin City.
In his judgment, Justice James Omotosho on Monday stated that Shaibu did not have the legal standing to challenge the outcome of the primary because he did not fully participate in it and was not present at the venue on the day it took place.
Omotosho further ruled that Shaibu’s lawsuit was premature as he failed to exhaust the internal dispute resolution mechanism within the PDP before resorting to court.
He stated that there was sufficient evidence indicating Ighodalo’s victory in the primary.
He added, “There is overwhelming evidence that the applicant was not physically present at the Samuel Ogbemudia Stadium in Benin City where the primary election was conducted on February 22”.
Shuaibu had in his suit prayed the Court to issue an order stopping the Independent National Electoral Commission from accepting or recognizing Ighodalo as the PDP governorship candidate in Edo State.
He also requested the court for an order to compel the 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