A Federal High Court in Abuja has held that the governorship primary election held by the Peoples Democratic Party (PDP) in Edo State on February 22, which produced Asue Ighodalo as the party’s candidate for the governorship election scheduled for September 21 is invalid.
Justice Inyang Ekwo held, in a judgment on Thursday, July 4, that the decision of the PDP to exclude 378 elected ward delegates from participating in the primary election was a violation of the provision of Article 50(3) of the constitution of the party.
The judgment was on a suit, marked: FHC/ABJ/CS/165/2024 filed on February 8 by Honourable Kelvin Mohammed, Gabriel Oscy Okoduwa and Ederaho Osagie (for themselves and on behalf of the 378 ad-hoc delegates whose names and election results appear on Exhibits BID 8A to 8L.
Listed as defendants in the suit were the Independent National Electoral Commission (INEC), the PDP, the national secretary of the PDP and the Vice Chairman, the PDP, South-South.
Justice Ekwo held that by virtue of the provisions of Article 53(3) of the constitution of the PDP (as amended in 2017), the 378 delegates whose names and election results appear on Exhibits BID 8A to 8L, having been duly elected as 3 ad-hoc ward delegates in the congress of the 4th February 2024 organized by the panel sent by the second defendant (PDP), are not legally entitled to be participants at the primary election of the second defendant to elect the governorship candidate for the Edo State 2024 governorship election scheduled for 22nd February 2024 or any other date.
The judge said: “There is no doubt that the second defendant (the PDP) neither complied with the relevant provision of its constitution nor the Electoral Guidelines for primary elections of 22nd February 2024.
“It is the law that political parties must obey their constitution, guidelines, and regulations.
“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.
“The decision of the second defendant not to include the plaintiffs in the governorship primaries for which they were elected at the ward congress, was arbitrarily done.
“Ward congresses are to be held in accordance with the law, the party’s constitution, and Electoral Guidelines.
“After being held, they cannot be cancelled save in the manner provided in the Electoral Act 2022, party’s constitution, and electoral guidelines.
Read Also: Edo: Ighodalo’s candidature not affected by judgment – PDP
“I find that the second defendant did not comply with the provision of Section 82 of the Electoral Act 2022, Article 50 (3) of the constitution of the second defendant (as amended in 2017), and Article 1(b)(i) of Part I (page 5) and Article 4 (xii) of Part II (page 9) of the Electoral Guidelines for Primary Elections of 22nd February 2024,” Justice Ekwo said.
The judge added: “Consequently, I find that the case of the plaintiffs succeeds on the merit upon a preponderance of evidence as required by law.
“I enter judgment on the terms as follows:
*A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the constitution of the second defendant (as amended in 2017), the plaintiffs, together with 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 which the defendants cannot exclude them from participating as 3 ad-hoc ward delegates at the Governorship primary election of Edo State slated for the 22nd of February, 2024 or any other date.
*An order is hereby made directing the defendants, who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50(3) of the second defendant’s constitution (as amended In 2017) to abide by the outcome of the 3 ad-hoc delegates ward congress of February 4, 2024, at which the plaintiffs and the other 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L were elected and to allow the plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.
*An order of mandatory injunction is hereby made restraining the first, second, and third defendants from unlawfully excluding the plaintiffs and the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, from participating as 3 ad-hoc ward delegates in the governorship election primaries of the second defendant slated for the 22nd of February, 2024 or any other date.
“This is the order of this court,” Justice Ekwo held.