The Court of Appeal sitting in Abuja today Friday, September 6, 2024 again dismissed a case filed by Arthur Osene and Anslem Ojezua against PDP Governorship Candidate, Dr. Asue Ighodalo and four others.
The court unanimously resolved all issues against the Appellants and reaffirmed Dr. Asue Ighodalo as the validly nominated candidate of the People’s Democractic Party in Edo State ahead of the scheduled September 21st Guber Election.
In addition, the court consequently struck out the Appellants case for lacking in merit and awarded a cost of N3 million against the Appellants accordingly.
Delivering ruling in the appeal case suit no CA/ABJ/CV/863/2024, Justice Barka JCA held that the lower court was right in holding that the action is statute barred.
It said where a case was statute barred the court had no jurisdiction to entertain it.
“Once the Constitution provides a time for doing a thing that thing must be done within the time provided. The issue is a pre-election matter under s.285(9) of Constitution.
“The Supreme Court has held that the cause of action in a pre-election matter arises on the day the infraction was made. A calculation here renders the action above the prescribed 14 days.”
Furthermore., the Appellate court also dismissed the allegations of PVC forgery as baseless and lacking in merit without proof.
“The burden of proving forgery is proof beyond reasonable doubt and there is no evidential basis to prove forgery in this case. The lower court finding that forgery has not been proved has not been disputed. The lower court is right that a voters card is not a requirement for qualification to contest the office of Governor,” Justice Barka stated
