Court voids Edo PDP Governorship primary

…Nullifies Ighodalo’s nomination

…Ighodalo remains candidate – PDP, says primary election followed due process

By Andrew Orolua, Abuja & Titus Akhigbe

The Federal High Court Abuja, on Thursday, invalidated the Peoples Democratic Party (PDP) primary election that produced Asue Ighodalo as party’s governorship candidate in the forthcoming Edo State election in November this year.

Justice Inyang Ekwo, in a judgment, held that the PDP’s primary held on February 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 said that the Exhibit PDP 1 tendered by the party was bereft of evidence and held that the plaintiffs, through the exhibits tendered, were able to establish their case against the defendants.

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The judge said that from the exhibit presented by the PDP, he found that the returning officers who prepared the result sheets only sat down in a place to manufacture the outcome of the poll.

He said the exclusion of the 381 delegates, including the plaintiffs, were against the provisions of the law.

Justice Ekwo held that though the Independent National Electoral Commission, 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.

Three aggrieved ad-hoc delegates, on behalf of the 378 others, had sued 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 but filed February 8, the plaintiffs sought for two orders.

These include 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 February 22 in Edo.

The plaintiffs, who include Hon Kelvin Mohammed, Mr Gabriel Okoduwa and Mr Ederaho Osagie, on behalf of others in 12 local government areas and 127 wards, averred that it would be in the interest of justice for their reliefs to be granted.

The 381 delegates are those loyal to Philip Shaibu, the impeached deputy governor.

Meanwhile, the Peoples Democratic Party (PDP) said that its candidate in the September 21, 2024 Edo State governorship election, Dr. Asue Ighodalo, remains validly in the race, contrary to erroneous interpretative media reports of the ruling by the Federal High Court, Abuja.

The PDP stated that the Court did not make any Order nullifying the Primary election of Dr. Asue Ighodalo as the party’s candidate for the Edo State Governorship election as there are no grounds whatsoever for such.

The party affirmed that the Congresses and subsequent Governorship Primary that produced Dr. Asue Ighodalo as the winner and Party’s flag bearer were duly and legally conducted in strict compliance with the provisions of the Constitution and Electoral Guidelines of the PDP, the Electoral Act, 2022 and the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

In a statement by the spokesperson, Hon. Debo Ologunagba, the PDP maintained that “no eligible delegate was excluded from participating in the Primary election which accreditation, polling, counting of ballot, collation and declaration of results were publicly conducted, monitored by officials of Independent National Electoral Commission (INEC) and relevant security agencies at the Samuel Ogbemudia Stadium, Benin City which exercise was also duly broadcasted live on national TV stations and multiple Social Media platforms.

“Moreover, the PDP holds that pursuant to the provisions of Section 84 (14) of the Electoral Act, 2022, the case is even of no moment as the plaintiffs have no locus to question the outcome of the Primary election not being aspirants in the exercise.

“Additionally, it must be noted that the reliefs sought by the plaintiffs do not include the disqualification and/or nullification of the Primary election of Dr. Asue Ighodalo as the winner of the Edo State Governorship Primary election of the PDP. The Court is not a Father Christmas.”

The PDP urged the public especially the people of Edo State to disregard the report and remain focused on their solidarity and support for the PDP and its candidate, Dr. Asue Ighodalo.

Also, the Edo State Peoples Democratic Party (PDP) Campaign Organisation has said the ruling of the Federal High Court, Abuja on the party’s delegate election did not invalidate the outcome of the party’s primary election which produced the party’s flag bearer, Dr. Asue Ighodalo and his running mate, Osarodion Ogie Esq.

Reacting to the ruling, the party described the judgment as “a strange development and contrary to a long line of Appellate Courts’ decision on the subject.”

In a statement, the party’s campaign organisation said: “Today, July 4, 2024, the Federal High Court in Abuja presided over by Hon. Justice Inyang Ekwo entered a judgment in Suit No. FHC/ABJ/CS/165 of 2024 (HON. KELVIN MOHAMMED & 2 ORS VS INEC & 3 ORS), which was filed by some disgruntled persons who claimed that they were authentic delegates wrongly excluded from participating in the choice of the Peoples Democratic Party (PDP) flag bearer in the forthcoming gubernatorial elections in Edo State.

“In a strange development and contrary to a long line of Appellate Courts’ decisions on the subject, the Hon. Justice held that the issue of ward congresses and choice of the delegates, is a justiciable matter which the court is entitled to look into.”

The campaign organisation continued: “It must be noted that the Edo State PDP and the specific court involved in this matter have a history on exactly this same point in which the Appellate Court had cause to set aside similar decisions of that same Court and to restate the law that ward congresses and the choice of delegates are purely internal affairs of political parties outside the jurisdiction of any court.

“We are confident that this new decision will not survive the test of appeal and all necessary steps in that regard are already being actively pursued.

“Furthermore, it must be noted that the claim in question and the judgment which arose therefrom did not in any shape or form invalidate or even challenge the outcome of the PARTY PRIMARIES which produced the candidate of the PDP for the forthcoming elections.

It added: “The net result therefore is that contrary to the stories making the rounds, spread by mischief makers, the PDP primaries held on February 22, 2024, were not set aside and neither was any order given affecting the outcome of same.

“Members and supporters of the PDP as well as the good people of Edo State are enjoined to remain calm and ignore the antics of mischief makers as the falsity of their assertion will be made clear in the fullness of time and upon release of the actual judgment for public consumption.”