July 08, (THEWILL) – The widely reported disqualification of the candidate of the Peoples Democratic Party, PDP, in the September 12 governorship election in Edo State, Asue Ighodalo, by Justice Inyang Ekwo of the Federal High Court, Abuja, on Thursday, has continue to generate reactions from stakeholders and the discerning public.
According to reports, the Federal High Court, Abuja, presided over by Justice Ekwo invalidated the primary election of the PDP, which produced Asue Ighodalo, as the party’s candidate for the September 21 governorship election in Edo State.
The ruling reportedly 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 reportedly 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 succeeded on merit”, he said. The party has decided to appeal the ruling. Chairman of the National Campaign Council for Edo State election, Governor Adamu Fintiri of Adamawa State said the ruling is only a temporary setback for the campaign and the party would vacate the judgement . He said, “There is a little setback temporarily. This is what will not stand in the court of law, particularly that we will be approaching the appeal court.
Contacted by THEWILL, a lawyer and a former law report editor at the Vanguard Newspaper, Richard Akinnola, said there was nothing in the 37-paged Certified True Copy, CTC, of the judgement that showed that Mr Ighodalo was disqualified by the judgement.
“I do not know how and why it was reported that the PDP candidate had been barred,” he told this newspaper on Saturday.
The court, he contended, did not make any order invalidating the candidacy of Mr Ighodalo. “The Primary was not challenged. The plaintiffs only complained about their exclusion from the primaries which the court agreed with them and curiously directed that they be included in the list of delegates of the primaries held in February 2024, after the window of primaries had closed! The issue of contention was exclusion from the primaries which the court agreed with. There were no consequential orders by the court. So, I do not know how it was reported that the PDP candidate has been barred.”
To buttress his argument, he released part of the CTC, adding that, “I have just read the 37-page judgement, contrary to what was published, the court did not make any order invalidating the candidacy of the PDP.”
“I enter judgement on the terms as follows:
A Declaration is hereby made that by virtue of the provisions of Article 50 (3) of the Constitution of the 2nd Defendant (as amended in 2017), the Plaintiffs together with the other lawfully elected delegates, whose names and election results appear on Exhibits
BID 8A to 8L herein, are the lawfully elected Ward Congress Delegates in their respective wards and by virtue of which the Defendants cannot exclude them from participating as 3 Ad-Hoc Ward Delegates at the Governorship primary election of Edo State scheduled for February 22, 2024 or any other date.
An Order is hereby made directing the Defendants who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50 (3) of the 2nd Defendant’s Constitution (as amended in 2017) to abide by the outcome of the 3 Ad-Hoc Delegates Ward Congress of February 4, 2024, at which the Plaintiffs and the other 378 delegates, whose names and election resuLts appear on Exhibits.
BID SA to SL were elected and to allow the Plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.
An Order of Mandatory Injunction is hereby made restraining the 1st, 2nd and 3 rd Defendants from unlawfully excluding the Plaintiffs and the other lawfully elected delegates whose names and election
results appear on Exhibits BID SA to SL herein, from participating as 3 Ad-Hoc Ward Delegates in the Governorship election primaries of the 2nd Defendant slated for the 22nd of February, 2024 or any other date.
This is the Order of this Court.
I. E. Ekwo Judge, 04/07/2024
When reminded that the party has decided to appeal the case, Akinnola said the party may want to reaffirm the Supreme Court ruling of party supremacy in the conduct of their affair.
In the same vein, the head of the legal team of the PDP candidate Kehinde Akinlolu, has declared that no Court nullified the candidacy of Dr Asue Ighodalo for the election.
According to Akinlolu, at no time did the court nullified the candidacy of his client who scored 577 votes to win the primary election. What the court said was that those delegates who went to court for alleged exclusion in the primary exercise do not even have a locus- standi to institute any legal action, since they are not and were not aspirants in the said primaries under relevant sections of the law
Akinlolu SAN, disclosed that, under section 84(14) of the Electoral Act, some of the delegates that were purportedly excluded, have no locus standi to question the primary because they are not aspirants
Akinlolu said, “This honourable court did not make an order nullifying the election, or the candidacy of Dr Asuelimhe Ighodalo, who won that primary election with 577 votes”
He also warned, “I must say it again, with every sense of responsibility, that counsel, especially counsel for the delegates must be wary, because he stands the chance or opportunity of being arranged before the disciplinary committee”
APC governorship candidate, Senator Monday Okpebholo, however celebrated the judgment.
Okpebholo said, “We welcome the court judgment given on Thursday. The court has saved Edo people from another four years of pain and agonies. The PDP is not a democratic party. It operates like a mafia organisation. What they call primaries were a far cry. The party, with just two months to a crucial election, is unable to put its house in order.
“Our administration is committed to bringing the good old days back. Since the exit of Senator Adams Oshiomhole as governor of Edo State, our people have not had any reason to celebrate. That will change in September when the people will take power back through the ballot.”
