August 26, (THEWILL) – The Abuja Division of the Court of Appeal has nullified the judgement of a Federal High Court, which invalidated the primary election of the Peoples Democratic Party (PDP), that produced Asue Ighodalo, as the party’s candidate for the September 21 gubernatorial election in Edo State.
A three-man panel of the appellate court, on Monday, set aside the July 4 judgement of Justice Inyang Ekwo, which ordered the PDP to allow the participation of 381 ad-hoc delegates in the February 22 primary election that produced Ighodalo.
In a unanimous decision, the appellate court declared that Justice Ekwo lacked the authority and jurisdiction to interfere with how the PDP selected its candidate for the Edo governorship election.
The court held that the trial court lacked jurisdiction to entertain the suit filed by the aggrieved delegates, having lacked the necessary legal rights to initiate the suit.
In the suit marked: FHC/ABJ/CS/165/2024 dated February 7, three aggrieved ad-hoc delegates, on behalf of the 378 other delegates loyal to Philip Shaibu (the impeached deputy governor of Edo State), filed an action against the Independent National Electoral Commission (INEC), the PDP, its national secretary and the vice chairman, south south as 1st to 4th defendants respectively.
The plaintiffs had sought 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 primary 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.
Consequently, Justice Ekwo had on July 4, held that the PDP’s primary that Produced Ighodalo 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 further declared that the exclusion of the 381 delegates, including the plaintiffs, was against the provisions of the law.
