The Peoples Democratic Party has petitioned the Court of challenge, Abuja division, to challenge the Federal High Court verdict that annulled the primaries that produced Asue Ighodalo as its gubernatorial candidate in the approaching 2024 governorship election in Edo State.
Referencing the PDP primary election held in Edo State on February 22, Justice Inyang Ekwo of the Federal High Court, Abuja, had declared the election to be invalid.
The PDP, in an appeal based on 25 grounds, asked the appellate court to set aside the ruling of the lower court delivered on July 4, 2024.
Justice Ekwo ruled that the PDP’s exclusion of 378 elected ward delegates from the primary election violated both the relevant provisions of the party’s constitution and the electoral guidelines.
According to the trial judge, the act in question violates Article 50(3) of the party constitution.
He went on to say that political parties have a legal obligation to follow their own constitution, rules, and regulations.
Justice Ekwo said, “The failure to comply with the Electoral Guidelines is not different from the effect of non-compliance with the constitution of the political party or noncompliance with the provisions of the Electoral Act 2022.
“It was arbitrary for the second defendant (PDP) to exclude the plaintiffs from the governorship primary, even though they had won the ward congress.
Ward congresses shall be conducted in compliance with the Electoral Guidelines, the party constitution, and the law.
“Once they are scheduled, they cannot be postponed unless the procedures outlined in the party charter, election rules, and the election Act 2022 are followed.
As a result, I conclude that the plaintiffs’ case is successful on its merits based on the preponderance of the evidence, as required by law.
“Declaration is hereby made that the plaintiffs and 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 the provisions of Article 50 (3) of the second defendant’s constitution (as amended in 2017) the defendants cannot exclude them from participating as three ad hoc ward delegates at the Edo State governorship primary election scheduled for the 22nd of February 2024 or any other date.
In the appeal dated July 9, filed through their attorney Adeyemi Ajibade (SAN), and designated CA/ABJ/CV/2024, PDP contended that the trial court’s ruling was against the preponderance of the evidence.
The respondents in the appeal are, in order of first to sixth place, Kelvin Mohammed, Gabriel Okoduwa, Ederaho Osagie (speaking for both the PDP and the 378 ad hoc delegates), Independent National Electoral Commission, National Secretary of the PDP, and Vice Chairman, PDP South-South.
