The Abuja Division of the Court of Appeal on Friday dismissed an appeal seeking to disqualify Asue Ighodalo as the governorship candidate of the Peoples Democratic Party (PDP) in Edo State. The ruling affirms Ighodalo’s eligibility to contest in the upcoming elections, solidifying his position as the PDP flagbearer.
A three-member panel of justices, led by Justice Hamma Barka, upheld the earlier decision of the Federal High Court in Abuja, which had also dismissed the case brought forward by two aggrieved aspirants, Arthur Esene and Anselm Ojezua. The appellants had challenged Ighodalo’s candidacy on claims that he falsified his voter’s card, rendering him unqualified to stand as the PDP’s governorship candidate.
The appeal, marked CA/ABJ/CV/863/2024, was filed by Esene and Ojezua in an effort to overturn the Federal High Court’s decision from April 17, delivered by Justice James Omotosho. In that judgment, the High Court had ruled the suit statute-barred, stating that the plaintiffs filed their case outside the legally allowed timeframe. The appellants sought to have this ruling reversed, but the Court of Appeal found their claims equally lacking in merit.
Justice Barka emphasized that the original suit was indeed filed beyond the permitted time limit, thereby supporting the Federal High Court’s finding that the case was statute-barred. Furthermore, Barka noted that the appellants failed to present sufficient evidence to support their allegations that Ighodalo had forged his voter’s card. He also dismissed their argument that Ighodalo’s lack of possession of a voter’s card should automatically disqualify him from contesting.
In a critical part of the ruling, Justice Barka highlighted that the appellants failed to challenge key findings of the trial court. These findings showed that Ighodalo had, in fact, applied to the Independent National Electoral Commission (INEC) to transfer his voter registration from Lagos State to Edo State, where he subsequently obtained a valid voter’s card from the electoral body. This development further weakened the appellants’ case.
Concluding the matter, Justice Barka struck out the appeal, stating that it was “bereft of merit.” He also imposed a cost of N3 million on the appellants, to be paid to Ighodalo, the PDP, and INEC for their legal expenses incurred during the proceedings.
