The Court of Appeal in Abuja has set aside the judgment of a Federal High Court that faulted the conduct of the Peoples Democratic Party governorship primary in Edo.
The primary produced Asue Ighodalo as the party’s candidate for the September 21 election. A three-member panel of the appellate court set aside the judgment of Justice Inyang Ekwo delivered on July 4, on the grounds of lack of jurisdiction.
In a unanimous decision delivered by Justice Musali, in the appeal marked CA/ABJ/CV/763/24, the court held that it cannot interfere with how the PDP selects its candidate for the September 21 governorship election in Edo.
Besides, the appellate court held that those who instituted the suit lacked the necessary legal standing to do so.
“The lower court has no jurisdiction to interfere with how the PDP conducts its internal affairs,” the court held.
“The appeal succeeds. The judgment of the Federal High Court delivered on July 4, 2024, is set aside for lack of jurisdiction.”
Some aggrieved members of the party, Kelvin Mohammed, Gabriel Okoduwa, and Ederaho Osagie, had challenged the exercise and sued on behalf of themselves and 378 other delegates in 12 local government areas and 127 wards over the outcome of the election. They prayed the court to grant a mandatory order restraining the defendants from unlawfully excluding them and other lawfully elected delegates from participating as ad hoc ward delegates.
According to NAN, Justice Inyang Ekwo, in that judgment, held that both the provisions of the Electoral Act 2022 and the PDP guidelines were violated in the conduct of the primary election at the Samuel Ogbemudia Stadium in Benin City. Ekwo held that Exhibit PDP 1 tendered by the party was bereft of evidence and that the plaintiffs, through the exhibits tendered, were able to establish their case against the defendants.
The judge held that from the exhibit presented by the PDP, he found that the returning officers who prepared the result sheets just manufactured the results. He held that the exclusion of the 381 delegates, including the plaintiffs, was against the provisions of the law.
