Ogasabi on 9am news Nigeria reports that the Court of Appeal in Abuja has overturned a Federal High Court ruling that had ordered the People’s Democratic Party (PDP) to allow the participation of 381 ad-hoc delegates in its February 22 primary election in Edo State. This primary election had produced Asue Ighodalo as the party’s candidate for the September 21, 2024, governorship election in Edo State.
A three-man panel of the appellate court set aside Justice Inyang Ekwo’s July 4, 2024, judgement, citing the trial court’s lack of jurisdiction to entertain the suit filed by the aggrieved delegates. The court emphasized that it could not interfere with how the PDP selects its candidate for the upcoming governorship election.
In a similar case filed by eight other delegates, the Court of Appeal ruled that political parties are akin to clubs, and members must adhere to the rules once they join. The court further held that candidates who did not participate in an election lack the legal standing (locus) to challenge its outcome, and therefore, the ad-hoc delegates in question had no grounds to contest the result of the PDP primary election in Edo State.
Federal High Court Previous Decision
Justice Ekwo of the Federal High Court in Abuja previously voided the PDP governorship primary election in Edo State, citing the unlawful exclusion of 378 delegates from voting. Kelvin Mohammed filed this suit on behalf of others, arguing that the election at the Samuel Ogbemudia Stadium in Benin City violated the provisions of the Electoral Act 2022 and PDP guidelines.
Justice Ekwo’s ruling highlighted that the evidence presented by the PDP was insufficient and suggested that the returning officers who prepared the result sheets may have fabricated the poll’s outcome. However, the Court of Appeal’s recent decision overrides this ruling, maintaining that the exclusion of the 381 delegates, who are loyal to the embattled Deputy Governor, Philip Shaibu, does not violate the law.
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