Appeal Court Voids Judgement Faulting Edo PDP’s Gov Primary

An Abuja-based Court of Appeal has reversed a Federal High Court’s decision that had mandated that 381 ad hoc delegates from Edo State be allowed to participate in the People’s Democratic Party’s (PDP) primary election on February 22.

After the primary election on September 21, 2024, Asue Ighodalo was chosen as the party’s candidate for the state governorship.

A three-judge bench of the court of appeals overturned Justice Inyang Ekwo’s decision dated July 4, 2024, on the grounds that the lower court did not have the authority to hear the grieving delegates’ case and did not have the proper legal authorisation to do so.

The court ruled unanimously that it cannot meddle with the PDP’s candidate selection process for the Edo State governorship election on September 21.

Since the PDP had unlawfully excluded 378 delegates from the primary election, Justice Ekwo of the Federal High Court in Abuja annulled the PDP’s governorship election in Edo State in July.

One Kelvin Mohammed, acting as a representative, filed the lawsuit.

According to Justice Ekwo’s ruling, the primary election held at the Samuel Ogbemudia Stadium in Benin City, the capital of Edo State, did not adhere to the rules set down by the PDP and the Electoral Act of 2022.

The plaintiffs were able to establish their case against the defendants through the exhibits tendered, according to Justice Ekwo, who noted that Exhibit PDP 1 was devoid of proof.

According to the judge’s analysis of the PDP’s exhibit, the returning officials who were responsible for creating the result sheets simply sat down to alter the outcome of the poll.

According to him, it was illegal to exclude the plaintiffs and 381 other delegates.

The first defendant, the Independent National Electoral Commission (INEC), did submit a memorandum of appearance with the lawsuit, but Justice Ekwo said it was a shame the Commission hadn’t filed any process papers.

The judge remarked that the first defendant’s attorney just stated that the client would abide by the court’s ruling.

“I discovered that the plaintiffs’ case succeeds on merit,” he had previously stated.

Three of the ad hoc delegates who felt wronged were among 378 who had taken legal action by suing INEC, the PDP, its national secretary, and the vice chairman, South-South, in that order.

The plaintiffs were requesting two orders in the lawsuit.

This includes a directive to the defendants or their representatives to refrain from taking any action until the plaintiffs provide reasons why the reliefs sought in the original summons should not be granted. With reference to “Exhibits BID 8A to 8L,” which contain the identities and election results of 378 more delegates, as well as the 2nd, 3rd, and 4th defendants’ plan to exclude them from the February 22nd, Edo, primaries, this is relevant.

Plaintiffs Kelvin Mohammed, Gabriel Okoduwa, and Ederaho Osagie argued that it would be fair to grant their reliefs on behalf of others in twelve LGAs and one hundred and twenty-seven wards.

Philip Shaibu, the Deputy Governor who is currently under fire, has the support of 381 delegates.