The Court of Appeal, Abuja presided over by Hon. Justice Tunji Oyebanji Awotoye, has upturned the decision of the Federal High Court, Abuja in favour of Asue Ighodalo, the PDP candidate in the September 21, 2024 Edo governorship election.
In the decision of the Federal High Court, Abuja Judicial Division, wherein the presiding Judge, Hon. Justice James Omotosho declined jurisdiction to go into the merits of the case in his final judgment, on technical grounds, there appeared to have been a reprieve for Ighodalo until this judgment of the appellate Court was given.
The decision of the Court of Appeal is in respect of an interlocutory appeal filed by the PDP candidate, Asue Ighodalo to challenge a ruling of the trial Court, wherein the Judge held that the action of the Plaintiffs was not statute-barred and that the application to convert the originating processes into writ of summons from Originating Summons had merit.
In his appeal, Ighodalo filed 7 grounds in his Notice of Appeal. But, in the lead judgment, which was read by Hon. Justice Patricia Ajuma Mahmoud, the Court of Appeal held that the 7 grounds of appeal of Ighodalo was without merit together with the 3 issues of determination.
Although the Court formulated a sole issue for determination. Justice Mahmoud, in conclusion, said, “Having made these comments and resolved the identified sole issue against the Appellant, the effect is that this appeal fails. Same is accordingly dismissed.”
