The Court of Appeal in Abuja has overturned a Federal High Court ruling that required the People’s Democratic Party (PDP) to include 381 ad-hoc delegates in its primary election on February 22 in Edo State.
The primary election led to Asue Ighodalo being selected as the PDP candidate for the governorship election in the state on September 21, 2024.
A three-judge panel of the appellate court set aside Justice Inyang Ekwo’s judgment, delivered on July 4, 2024, citing that the trial court lacked jurisdiction to hear the delegates’ suit due to their insufficient legal standing.
The appellate court unanimously decided that it would not intervene in the PDP’s candidate selection process for the September 21 governorship election in Edo State.
In a related case involving eight other delegates, the Court of Appeal ruled that a political party functions like a private organization, and members must adhere to its rules. The court also stated it cannot interfere in a party’s internal matters.
Furthermore, the court held that candidates who did not participate in the election have no standing to challenge its outcome, meaning ad-hoc delegates cannot contest the results of the PDP primary in Edo State.
In July, Justice Ekwo of the Federal High Court in Abuja had invalidated the PDP governorship election in Edo State, citing the unlawful exclusion of 378 delegates who were supposed to vote. This suit was filed by Kelvin Mohammed in a representative capacity.
Justice Ekwo found that the conduct of the primary election at the Samuel Ogbemudia Stadium in Benin City, Edo State, violated both the Electoral Act 2022 and the PDP guidelines.
The judge noted that Exhibit PDP 1 presented by the party lacked sufficient evidence and determined that the plaintiffs had successfully proven their case against the defendants through their submitted exhibits.
Justice Ekwo criticized the PDP’s returning officers for merely fabricating the election results rather than conducting a proper count. He ruled that the exclusion of 381 delegates, including the plaintiffs, was unlawful.
Despite the Independent National Electoral Commission (INEC), the first defendant, filing a memorandum of appearance, Justice Ekwo expressed disappointment that the Commission did not submit any additional documentation in the case. The Commission’s counsel stated it would abide by the court’s decision.
“I found that the case of the plaintiffs succeeds on merit,” he had said.
The three aggrieved ad-hoc delegates, on behalf of the 378 others, had sued INEC, the PDP, its national secretary, and the vice chairman, South-South as 1st to 4th defendants respectively.
In the suit, the plaintiffs sought 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 concerning 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, Gabriel Okoduwa, and 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 the embattled Deputy Governor, Philip Shaibu.