On Monday, the Court of Appeal in Abuja confirmed Asue Ighodalo as the legitimate candidate for the Peoples Democratic Party (PDP) in the upcoming governorship election slated for September 21 in Edo State.
A three-judge panel of the appellate court reached this conclusion after rejecting an appeal from fellow aspirant Anselm Ojezua, deeming it both incompetent and without merit.
This ruling follows a prior decision by Justice Obiora Egwuatu at the Federal High Court in Abuja on June 26, where Ojezua’s lawsuit challenging Ighodalo’s victory in the February 22 PDP primary election was dismissed.
Ojezua had sought to invalidate Ighodalo’s nomination, alleging irregularities and manipulation concerning the delegates’ list utilized during the primary election. However, Justice Egwuatu determined that he lacked the authority to hear the case, as Ojezua had not exhausted the PDP’s internal dispute resolution processes before escalating the matter to court.
Consequently, the suit was struck out without delving into the specifics of the case.
Dissatisfied with this outcome, Ojezua appealed the ruling, arguing that the trial court erroneously deemed his case premature and that Justice Egwuatu had misapplied the law by not addressing the merits of his claims.
He requested the appellate court to overturn the trial court’s decision and to examine the substantive issues of his case as per Section 15 of the Court of Appeal Rules.
However, the three-judge panel, led by Justice Peter Obiorah, determined that the trial court’s judgment was “spot on,” indicating no grounds to deviate from it.
The appellate court emphasized that since the necessary procedural steps had not been completed by Ojezua, the trial court’s refusal to exercise jurisdiction was justified.
Justice Obiorah pointed out that while Ojezua had raised concerns with the PDP leadership regarding alleged delegate list manipulation, he failed to submit any complaints about the February 22 primary that resulted in Ighodalo’s candidacy.
Furthermore, the court noted that despite being aware of the PDP’s Electoral Appeal Panel, Ojezua did not file a complaint regarding the primary election’s conduct prior to proceeding to court.
The appellate justices criticized Ojezua for attempting to isolate the events leading up to the primary from the primary election itself, asserting that claims of delegate list manipulation could not be considered in isolation.
The court reiterated that political parties and their members are bound by established rules, emphasizing that candidates must adhere to their party’s constitution and guidelines.
“I resolve this issue against the appellant and in favor of the respondents,” stated Justice Obiorah, affirming the trial court’s decision to strike out the case due to lack of jurisdiction.
While the appellate court took issue with the trial judge’s refusal to consider the merits, it ultimately ruled that invoking the Court of Appeal Rules to address the substantive issues was unnecessary given the agreed lack of jurisdiction.
“Since the lower court has no jurisdiction, there is nothing for this court to invoke Section 15 of the Court of Appeal Rules. I find no merit in this appeal, and thus, I dismiss it. The judgment of the lower court, dismissing the suit for want of jurisdiction, is hereby affirmed,” concluded Justice Obiorah.
