Justice James Omotosho of a Federal High Court in Abuja has dismissed the suit by a former Edo State Deputy Governor, Philip Shuaibu, challenging the emergence of Mr Asuen Ighodalo as the candidate of the Peoples Democratic Party (PDP) in the forthcoming governorship election in Edo State.
Justice Omotosho, in a judgment delivered on Monday, dismissed the suit for lacking in merit.
According to the judgment, Shuaibu lacked the necessary legal authority to file the suit having not participated in the February 22 primary election of the PDP that produced Ighodalo as candidate.
The court stressed that participation in an election is key to contest the outcome of an election, adding that being an aspirant in a primary election goes beyond the purchase of nomination and expression of interest forms.
The judge pointed out that a person should be clothed with “locus standi” to initiate a suit against a primary election, adding that the said aspirant must be screened and cleared by the party and must be physically present at the venue of the primary election.
“It is not whether he purchased form but whether he participated” Omotosho said, adding that evidence before him showed that the plaintiff was rather at a parallel primary.
Faulting the case of Shuaibu further, the court held that the plaintiff did not meet the conditions precedent for initiating the case as he had rushed to court without exhausting laid down procedures and instruments for resolving electoral matters as provided by law.
It was the position of the court that Shuaibu ought to have first presented his case before the PDP Guber Election Appeal Committee before filing his suit at the court.
“The suit of the plaintiff is premature, hence the court declines jurisdiction,” the court held.
Justice Omotosho held that the plaintiff lacked the necessary legal authority to file the suit, “his case is hereby dismissed”.
