In a significant ruling, Justice Inyang Ekwo of the Federal High Court in Abuja has declared the Peoples Democratic Party’s (PDP) governorship primary election held on February 22, 2024, invalid. The primary had produced Asue Ighodalo as the party’s candidate.
Justice Ekwo’s declaration came as part of his judgment in a case filed by aggrieved delegates, led by Kelvin Mohammed, under the suit number FHC/ABJ/CS/165/2024. The judge invalidated the primary on the grounds that 378 delegates, who were supposed to vote, were unlawfully excluded by the PDP, in violation of the law.
The court identified serious breaches of the Electoral Act 2022, the PDP’s guidelines, and the party’s constitution in the conduct of the primary, which took place at the Samuel Ogbemudia Stadium in Benin City. According to the judge, the PDP’s evidence, labeled Exhibit 1, was insufficient and failed to demonstrate proof, suggesting that the returning officers had tampered with the result sheets.
Justice Ekwo underscored that the plaintiffs had convincingly established their case against the defendants through the exhibits presented. He noted that while the Independent National Electoral Commission (INEC), the first defendant in the suit, had filed a memorandum of appearance, it did not submit any additional processes in the case. INEC’s counsel indicated that the commission would abide by the court’s decision and supported the plaintiffs’ arguments.
“I find that the plaintiffs’ case succeeds on its merits,” Justice Ekwo concluded.
It is important to highlight that the 378 ad-hoc delegates, who are loyal to the impeached Edo State Deputy Governor Philip Shaibu, filed the suit against INEC, the PDP, its National Secretary, and the Vice Chairman South-South, listed as the first to fourth defendants. The plaintiffs sought two primary orders: one for the defendants or their agents to justify why the reliefs sought by the plaintiffs in their originating summons should not be granted, and another to prevent the exclusion of the 378 delegates from participating in the February 22 primary in Edo.
The plaintiffs, including Kelvin Mohammed, Mr. Gabriel Okoduwa, and Mr. Ederaho Osagie, representing delegates from 12 local government areas and 127 wards, argued that granting their reliefs would serve the interest of justice.
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