THE Court of Appeal, Abuja Division, has set aside the judgment of a Federal High Court faulting the conduct of the governorship primary of the Peoples Democratic Party (PDP) in Edo State ahead of the September 21 governorship election, which returned Asue Ighodalo as the party’s candidate.
The three-member panel of the higher court set aside the July 4 judgment of Justice Inyang Ekwo on the grounds of lack of jurisdiction.
In a unanimous decision, delivered by Justice Musali, the court held that it cannot interfere with how the PDP select its candidate for the election.
Besides, it held that those who instituted the suit lacked the necessary locus standi to do so, since they were not aspirants that participated in the primary election.
“The lower court has no jurisdiction to interfere with how the PDP conducts its internal affairs.
“The appeal succeeds. The judgment of the Federal High Court delivered on July 4, 2024, is set aside for lack of jurisdiction,” the court ruled.
Recall that some aggrieved members of the party- Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie- challenged the exercise and sued for themselves and on behalf of 378 other delegates in 12 local councils and 127 Wards, praying 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.
Justice Ekwo, in the judgment, held that both the provisions of the Electoral Act 2022 and the PDP Guidelines were violated in the conduct of the primary election held at the Samuel Ogbemudia Stadium in Benin City.
Justice Ekwo also 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 and that the exclusion of the 381 delegates, including the plaintiffs, was against the provisions of the law.
