On Thursday, a Federal High Court in Abuja barred the Independent National Electoral Commission (INEC) from recognising or accepting ad hoc delegates provided by Edo State Governor Godwin Obaseki’s faction of the Peoples Democratic Party.
The court ruled that the ad hoc delegates selected by the party’s Dan Orbih faction were authentic and must be recognised and accepted.
Justice Inyang Ekwo ruled in a suit brought by 581 delegates elected on April 30 that the PDP and other defendants in the suit are bound by Section 84 (5) of the Electoral Act 2022 as well as Section 15 of the PDP Constitution relating to delegates’ elections.
The 581 delegates instituted the suit marked FHC/Abj/ CS/598/2022 through their five representatives, Monday Osagie, Reuben Ekhosuehi, Adeyanba Osaro, Magdalene Osawe and Imariabe Oghogho.
The defendants in the suit are the PDP, its chairman, Dr. Iyorchia Ayu, Senator Samuel Anyanwu, Umar Bature and INEC as 1st to 5th defendants respectively.
The plaintiffs in their suit argued by John Musa (SAN) had asked the court to determine whether the PDP in view of Section 84 (5) of the Electoral Act 2022 and Section 15 of the PDP constitution can jettison their election monitored by INEC for another one conducted in violation of the provisions of the relevant laws.
They also asked the court to determine whether the defendants can on their own jettison the authentic delegates for others whose purported election is unknown to any law.
Delivering his judgment, Justice Ekwo, after scrutinising the documentary evidence, including the report of INEC on its monitoring of the April 30 delegates election, agreed with the plaintiffs that they were validly and legally elected as authentic ad hoc delegates for the Edo State chapter of the PDP.
The court held that the role of INEC in primary election, congress and convention monitoring are statutory and constitutional and must, therefore, be strictly adhered to by all political parties.
The court said that going against the elections of the plaintiffs will amount to a brazen violation of laws that are not ambiguous, an action, which no court must allow to stand.
Justice Ekwo, therefore, issued an order of injunction against the 1st to 4th defendants restraining them from tampering with the Plaintiffs list, having been duly elected in the congress of the party held on April 30.
The court also issued an order of perpetual injunction against the 1st to 4th defendants stopping them from conducting any other congress with the purpose of replacing the plaintiffs.
Justice Ekwo issued a mandatory order of injunction against INEC stopping it from recognising or accepting any delegates’ list other than the one produced by the PDP’s congress of April 30 where plaintiffs emerged as ad hoc delegates.
The plaintiffs were elected from 18 Local Government Areas of the state for the purpose of electing National delegates for the House of Assembly, House of Representatives and Senatorial elections.