Justice Inyang Ekwo of the Federal High Court, Abuja, on Thursday, declared invalid the Peoples Democratic Party’s primary election held on February 22, 2024, which produced Asue Ighodalo as its governorship candidate.
Justice Ekwo made this declaration while delivering judgment in a suit marked FHC/ABJ/CS/165/2024, brought by aggrieved delegates, notably Kelvin Mohammed, in a representative capacity.
The judge voided the primaries on the grounds that 378 delegates, who were supposed to vote, were unlawfully excluded by the PDP, contrary to the provisions of the law.
The court found gross violations of the Electoral Act 2022, PDP guidelines, and the party’s constitution in the conduct of the primary election held at Samuel Ogbemudia Stadium in Benin.
According to the judge, the evidence presented by the PDP (Exhibit 1) was insufficient and lacked proof, indicating that the returning officers manipulated the result sheets.
Justice Ekwo emphasised that the plaintiffs successfully established their case against the defendants through the exhibits tendered.
Regarding the Independent National Electoral Commission, the first defendant in the suit, the judge noted that while INEC filed a memorandum of appearance, it did not submit any further processes in the case.
He stated that INEC’s counsel declared they would abide by the court’s decision and upheld the plaintiffs’ arguments.
“I find that the plaintiffs’ case succeeds on its merits,” Justice Ekwo concluded.
It is worth noting that the 378 ad-hoc delegates, loyal to the impeached Edo State Deputy Governor Philip Shaibu, sued INEC, PDP, its National Secretary, and the Vice Chairman South-South as the first to fourth defendants.
In the suit dated February 7 but filed February 8, the plaintiffs sought two orders, “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 about 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 Feb. 22 in Edo.”
The plaintiffs, which include 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.
Ighodalo Remains Edo Gov Candidate, PDP Insists Despite Court Order
However, th Edo State chapter of the Peoples Democratic Party (PDP) on Thursday reacted to the nullification of the party’s governorship election, insisting that Asue Ighodalo is its flagbearer.
Justice Inyang Ekwo of the Federal High Court in Abuja voided the February 2024 election that produced Ighodalo on the ground that 378 delegates who were supposed to vote at the primary election were unlawfully excluded by PDP.
But the party insisted that the Lagos-based lawyer remains its flagbearer ahead of the September 21 governorship election in Edo State.
“Let it be on record that the candidature of Dr Asue Ighodalo as the flag bearer of the party for the 2024 elections remains intact and that the judgement of the Federal High court in Abuja did not in any way affect the candidature of Dr Asue Ighodalo,” Edo PDP Chairman, Dr Tony Aziegbemi, said in a statement shortly after the court ruling.
Peddling Rumours
The party blamed what it described as certain elements that were spreading rumours about its candidate, claiming they were scared of Ighodalo’s popularity.
Although it did not reveal the identities of the elements, the PDP called on its members to remain calm, assuring that there is no cause to be worried by the development.
“The PDP is aware that certain elements who are scared of the soaring popularity of our candidate Dr Asue Ighodalo are going about peddling rumours that the candidature of Dr Asue Ighodalo has been nullified.
“We urge our teaming loyal supporters to remain calm and resolute as there is no cause for alarm.”
PDP’s Fate Unknown
With the nullification of the PDP governorship primary election, the party’s fate hangs in the air.
It is however not clear if the party will appeal the judgement to vacate the order of the Federal High Court in Abuja.
