Again, A’Court Refuses to Disqualify Ighodalo

* Fines Esene, Ojezua N3m

Alex Enumah in Abuja

The Abuja division of the Court of Appeal has again refused a request to disqualify Mr Asue Ighodalo as the candidate of the Peoples Democratic Party (PDP) in the forthcoming governorship election in Edo State.

The three-member panel of the appellate court in a judgment on Friday, dismissed the request by Arthur Esene and Anselm Ojezua, for lacking in merit.

Esene and Ojezua, had in the appeal marked: CA/ABJ/CV/863/2024, prayed the Court of Appeal to set aside the April 17 judgment by Justice James Omotosho of the Federal High Court, Abuja, which dismissed their suit for being statute barred.

Besides, Justice Omotosho held that the plaintiffs did not prove their claim that Ighodalo forged his voter’s card, adding that non-possession of voter’s card did not constitute a disqualifying factor under the Constitution and the Electoral Act.

Dissatisfied, Esene and Ojezua approached the appellate court for an order setting aside the judgment of the trial court.

But the Court of Appeal, in the lead judgment delivered by Justice Hamma Barka, affirmed the judgment by Justice Omotosho and held that the suit filed before the Federal High Court by Ojezua and four others was filed out of time and statute barred.

Justice Barka also agreed with the finding of the Federal High Court that not only did Ojezua and others failed to establish their claim that Ighodalo forged his voter’s card, their suit was bereft of any merit because it was based on a flawed assumption that the non-possession of a voter’s card constitutes a ground to disqualify a candidate from contesting election.

The appellate court further held that the appellants failed to appeal the findings of the trial court that Ighodalo actually applied to the Independent National Electoral Commission (INEC) for the transfer of his registration card from Lagos State to Edo State and that INEC issued a voter’s card to Ighodalo.

Justice Barka proceeded to strike out the appeal for being without merit and proceeded to award cost of N3 million against the appellants and in favour of Ighodalo, PDP and INEC.

Other members of the panel — Justices Usman Musale and Okon Abang — agreed with the lead judgment.

Details later…