The Court of Appeal in Abuja has dismissed an appeal seeking to disqualify Dr. Asue Ighodalo, the Peoples Democratic Party (PDP) candidate, from the upcoming Edo State Governorship Election, scheduled for September 21st. The court ruled in favor of Ighodalo, rejecting the case brought against him by Arthur Osene and Anslem Ojezua.
Delivering the judgment, Justice Barka JCA upheld the earlier ruling that the case was statute-barred. The appeal, identified as suit no. CA/ABJ/CV/863/2024, was deemed out of the court’s jurisdiction due to the constitutional time limit for filing pre-election cases.
According to Section 285(9) of the Nigerian Constitution, any pre-election matter must be filed within 14 days of the occurrence of the alleged infraction. The appeal was filed outside this window, making it invalid.
Justice Barka emphasized, “Once the constitution provides a time for doing a thing, it must be done within that time.”
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The appellate court also struck down allegations of PVC forgery leveled against Ighodalo, labeling them as unsubstantiated and lacking merit. The court ruled that there was no evidence to support claims of forgery, reiterating that forgery must be proven beyond a reasonable doubt, which the appellants failed to do.
Justice Barka further clarified, “A voter’s card is not a requirement for qualification to contest the office of Governor, and the lower court’s finding that forgery was not proved has not been disputed.”
In a unanimous decision, the Court of Appeal resolved all issues in favor of Dr. Asue Ighodalo, confirming him as the duly nominated candidate for the PDP in Edo State. The court also awarded N3 million in costs against the appellants, cementing Ighodalo’s standing as the flagbearer of the PDP.
