By Ben Ogbemudia, Abuja
The Court of Appeal, Abuja Division on Monday held that by the provision of Section 182(1)(j) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) read in juxtaposition with Section 29(2), (3), (4), (5) & (6) of the Electoral Act, 2022, the Voter’s card and the sworn affidavit of personal particulars of the ASUERINME IGHODALO attached to Form EC-9 while the name of the ASUERINME IGHODALO is not on the Voter’s register of the particular polling unit issued by INEC, is a disqualifying criterion for contesting the position of Governor of a State.
The Court of Appeal Judgment, Abuja Division delivered on the 22nd day of July, 2024 in Appeal No: CA/ABJ/CV/629/2024 between ASUERINME IGHODALO As the Appellant VS. RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & PEOPLES DEMOCRATIC PARTY (PDP) suit as Respondents, dismissed ASUERINME IGHODALO’s Appeal challenging the decision of the Federal High Court delivered against him on the 27th day of May, 2024, by Hon. Justice J.K. Omotosho. The Court of Appeal in the Judgment held thus:
“That ASUERINME IGHODALO as the Appellant VS. RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA has the locus standi to challenge the falsification of ASUERINME IGHODALO voter’s card which he attached to his Form EC-9 2024 in aid of his qualification as Governorship candidate of the Peoples Democratic Party (PDP) for the forthcoming Edo State Governorship Election.
“The Court of Appeal held that the pre-election matter initiated by RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA, was initiated within the constitutional 14 days’ period envisaged by Section 285(9) of the Constitution of the Federal Republic of Nigeria (as amended). In dismissing the ASUERINME IGHODALO’s appeal, the Court of Appeal determined and found that the suit was commenced within the statutory timeframe and the amendment brought by RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA was meritorious having regards to the facts and surrounding circumstances of the case.
“The Court of Appeal held that ASUERINME IGHODALO counsel misconceived the decisions of the Federal High Court on the 27th day of May, 2024, to have argued that RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA originating summons was filed out of time. That the cause of action having arisen on the 30th of March, 2024 when INEC published the name of the ASUERINME IGHODALO as the PDP Governorship candidate, the arithmetical calculation of the fourteen (14) days to on the 12th day of April, 2024 when the case against ASUERINME IGHODALO was filed by RT. HON. PHILIP SHUAIBU,
UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA will be elapse on the 12th day of April, 2024.
“The Court of Appeal held that RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA’s suit is not statute barred and held that the extant Originating summons was filed on the 12th of April, 2024 which is 14 days from the date the cause of action arose. The cause of action having arisen on the 30th of March, 2024 when the INEC published the name of ASUERINME IGHODALO as the Governorship candidate of the Peoples Democratic Party (PDP). Also it was that date that the RT. HON. PHILIP SHUAIBU, UMORU AUDREY ABOSEDE ADUNNI ADIZETU HADIZAT, ARTHUR ESENE, ANSELM U. OJEZUA discovered that the ASUERINME IGHODALO had forged some information in his particulars. The originating summons is within time and any amendment to be done on it does not amount to a fresh suit but relates back to the extant Originating Summons.”
It was also held that by the provision of Section 182(1)(j) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) read in juxtaposition with Section 29(2), (3), (4), (5) & (6) of the Electoral Act, 2022, the Voter’s card and the sworn affidavit of personal particulars of the ASUERINME IGHODALO attached to Form EC-9 while the name of the ASUERINME IGHODALO is not on the Voter’s register of the particular polling unit issued by INEC, is a disqualifying criterion for contesting the position of Governor of a State.
