The Court of Appeal sitting in Abuja, on Monday, declined to nullify the primary election that produced Asue Ighodalo as candidate of the Peoples Democratic Party, PDP, for the impending governorship election in Edo State.

The appellate court, in a unanimous decision by a three-man panel of Justice, dismissed an appeal that was filed by the embattled Deputy Governor of the state, Philip Shaibu, who was earlier impeached from office but recently reinstated by the court.

While dismissing the appeal marked: CA/ABJ/CV/642/2024, for want of merit, the Justice, A. M Lamido-led panel said it found no reason to set aside the May 27 judgement of the Federal High Court in Abuja, which refused to invalidate the governorship primary election the PDP conducted in Edo state based on the suit by the Appellant.

It went ahead and awarded a cost of N1million against the Appellant and in favour of the Respondents in the matter.

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It will be recalled that Justice James of Omotosho of the high court had in his judgement that was affirmed by the appellate court, held that the deputy governor, Shaibu, lacked the locus standi (legal rights) to seek to nullify the outcome of the primary poll.

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Justice Omotosho held that the Plaintiff did not meet the condition precedent that would have conferred such legal right on him.

According to the court, no evidence was adduced to establish that he participated in the primary election he sought to nullify its outcome.

Justice Omotosho held that it was a basic requirement of the law that a plaintiff must take part in a disputed election to be able to challenge its outcome in court.