On Friday, the Court of Appeal in Abuja firmly rejected an appeal from governorship aspirants of the People’s Democratic Party (PDP) in Edo State, Arthur Esene and Anselm Ojezua.
The duo had sought to disqualify the PDP’s candidate for the upcoming governorship election, Asue Ighodalo, scheduled for September 21.
The appeal, designated CA/ABJ/CV/863/2024, aimed to overturn a previous decision made by Justice James Omotosho of the Federal High Court in Abuja.
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On April 17, Justice Omotosho had dismissed their case, ruling it as statute-barred, meaning it was filed outside the legally permitted timeframe.
The court also found that Esene and Ojezua had not substantiated their allegations that Ighodalo had forged his voter’s card. Furthermore, the court clarified that lacking a voter’s card does not disqualify a candidate under the current constitutional and electoral regulations.
In the lead judgement delivered on Friday, Justice Hamma Barka upheld Justice Omotosho’s decision. Justice Barka emphasised that the case brought before the Federal High Court by Ojezua and four other parties was indeed out of time and thus statute-barred.
The appellate court concurred with the Federal High Court’s earlier conclusion that the claim regarding the forged voter’s card lacked merit.
The suit was based on the incorrect premise that a missing voter’s card alone was sufficient grounds for disqualification from the election.
Justice Barka also highlighted that the appellants failed to contest the trial court’s finding that Ighodalo had applied to the Independent National Electoral Commission (INEC) for a transfer of his voter registration from Lagos State to Edo State. The INEC had duly issued a voter’s card to Ighodalo, countering the claim of forgery.
The Court of Appeal subsequently dismissed the appeal and imposed a cost of N3 million against the appellants. This cost was awarded in favour of Asue Ighodalo, the PDP, and INEC.
The decision was supported by other panel members, Justices Usman Musale and Okon Abang, who concurred with Justice Barka’s judgement.
This ruling affirms the integrity of the electoral process and underscores the necessity for credible evidence in legal challenges concerning election candidacies.
The dismissal of the appeal solidifies Asue Ighodalo’s position as the PDP’s candidate for the forthcoming governorship election in Edo State, paving the way for a focus on campaign issues rather than legal disputes.
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