July 04, (THEWILL) – The Federal High Court, Abuja, has invalidated the primary election of the Peoples Democratic Party (PDP), which produced Asue Ighodalo, as the party’s candidate for the September 21 gubernatorial election in Edo State.
The ruling followed a suit filed by three aggrieved ad-hoc delegates, on behalf of the 378 others delegates loyal to Philip Shaibu (the impeached deputy governor), against the Independent National Electoral Commission (INEC), the PDP, its national secretary and the vice chairman, south-south, as 1st to 4th defendants respectively.
In the suit marked: FHC/ABJ/CS/165/2024 dated February 7, the plaintiffs sought for an “order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted with regard to the plan of the 2nd, 3rd and 4th defendants to exclude them and 378 other delegates, whose names and election results are contained in “Exhibits BID 8A to 8L,” from participating in the primaries.of Feb. 22 in Edo”.
The plaintiffs, which include Hon Kelvin Mohammed, Mr Gabriel Okoduwa and Mr Ederaho Osagie, on behalf of others in 12 local government areas and 127 wards, argued that it would be in the interest of justice for their reliefs to be granted.
Delivering ruling on Thursday, Justice Inyang Ekwo, held that the PDP’s primary held on Feb. 22 failed to comply with the provisions of the Electoral Act, 2022; the guidelines for the conduct of the poll and the party’s constitution.
Justice Ekwo held that the exhibit presented by the PDP, showed that the returning officers who prepared the result sheets of the primary election, manufactured the outcome of the poll.
Contending that the exclusion of the 381 delegates including the plaintiffs, were against the provisions of the law, Justice Ekwo held that though INEC, the 1st defendant, filed a memorandum of appearance in the suit, it was unfortunate that the commission did not file any process in the case.
According to the judge, the 1st defendant counsel only said it will be bound by the decision of the court.
“I found that the case of the plaintiffs succeed on merit”, he said.
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