Court Faults Exclusion Of 381 PDP Delegates From Edo Guber Primary, Fails To Invalidate Ighodalo’s Candidacy

…What The Judge Said

…PDP Reacts

The Peoples Democratic Party (PDP) on Thursday narrowly escaped what would have made its bid to retain Edo State difficult when the federal high court in Abuja faulted the exclusion of 381 delegates from its primary election held on February 22 while stopping short of invalidating the candidacy of Mr Asue Ighodalo.

Ighodalo emerged as the candidate of the party on February 22 in a contentious primary.

But dissatisfied with the outcome, three aggrieved ad hoc delegates filed a suit marked FHC/ABJ/CS/165/2024 on behalf of the 378 other delegates claiming exclusion from the process.

The plaintiffs are Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie, on behalf of the 378 others in 12 LGAs and 127 wards.

The 381 delegates are those loyal to Philip Shaibu, the impeached deputy governor of the state.

INEC, the PDP, its national secretary and the vice chairman of the south-south, were joined as 1st to 4th defendants in the suit.

The case was brought before Justice Inyang Ekwo, who on Thursday held that the PDP failed to comply with the provisions of the Electoral Act 2022 and the party’s constitution yet failed to make consequential judgment in the matter.

The judge noted that though the Independent National Electoral Commission (INEC) filed a memorandum of appearance in the suit, it was unfortunate that the commission failed to file any process in the case.

The judge, explaining the decision of the court 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,” Ekwo said.

He stressed that, “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 non-compliance 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.

“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.

“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.”

Following the judgment of the court in favour of the 381 delegates, it was reported that Ighodalo’s candidacy had been nullified.

But the PDP in a swift reaction faulted the news, blaming “certain elements” for what it called “rumours”, as no court invalided its candidate.

The statement signed by the PDP Chairman, Edo State Chapter, Dr Tony Aziegbemi, said Nigeria “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.

“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,” the PDP stated.

The party urged “our teaming loyal supporters to remain calm and resolute as there is no cause for alarm.’