2 months ago
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The Court of Appeal, Abuja division, on Friday dismissed the appeal by the Edo state Peoples Democratic Party governorship aspirants, Arthur Esene and Anselm Ojezua, which was seeking to disqualify the party’s candidate, Asue Ighodalo, in the forthcoming September 21 governorship election.
The appellants 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.
In the lead judgment delivered by Justice Hamma Barka, the appellate court affirmed the judgment of the trial court delivered by Justice Omotosho.
The Court of Appeal 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 lower court that not only did Ojezua and others fail 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 non possession of a voter’s card constitutes a ground to disqualify a candidate from contesting election.
The three-member panel of the appellate court found that the appellants failed to appeal the findings of the trial court that Ighodalo actually applied to the Independent National Electoral Commission for the transfer of his registration from Lagos State to Edo State and that INEC issued a voter’s card to Ighodalo.
Justice Barka held that the lower court’s findings that the appellants failed to prove their allegation of forgery was found to be true.
He said, “Where the alleged falsified document is not a qualifying factor under the Constitution, its presentation cannot disqualify an otherwise qualified person.
“The lower court was on the right footing in reaching the conclusion that voter’s card was not a constitutional requirement to be qualified to contest election to the office of the governor of a state under the contemplation of Section 29(5) of the Electoral Act.”
“All issues, having been resolved against the appellants, means that this appeal is devoid of any scintilla of merit and undeserving of success. Not only is the case statute barred, it is lacking in merit.”
On this ground, Justice Barka therefore declared that the appeal was without merit and dismissed it.
The court thereafter awarded a cost of N3m against the appellants in favour of Ighodalo, PDP and INEC.
Other members of the panel are Justice Usman Musale and Justice Okon Abang who agreed with the lead judgment.
