BREAKING: Court voids Party governorship primary
A Federal High Court in Abuja has held that the February 22 governorship primary of the Peoples Democratic Party (PDP) in Edo State, which produced Asue Ighodalo, is invalid.
Justice Inyang Ekwo held that the PDP’s decision to exclude 378 elected ward delegates from participating in the election was a violation of Article 50(3) of the party’s constitution.
The suit was filed on February 8 by Kelvin Mohammed, Gabriel Oscy Okoduwa and Ederaho Osagie (for themselves and on behalf of the 378 ad hoc delegates whose names and election results appear on Exhibits BID 8A to 8L).
Listed as defendants in the suit were the Independent National Electoral Commission (INEC), the PDP, the National Secretary and Vice Chairman (South-South).
Justice Ekwo held that by virtue of the provisions of Article 53(3) of the PDP constitution 2017 (as amended), the 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L, having been duly elected as ad hoc ward delegates in the February 4 congress organised by the panel sent by the second defendant (PDP), are legally entitled to be participants at the primary election of the second defendant to elect the governorship candidate.
He 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 its February 22 primary. It is the law that political parties must obey their constitution, guidelines and regulations.
“Failure to comply with the electoral guidelines is not different from the effect of non-compliance with the constitution 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.
“Consequently, the case of the plaintiffs succeeds on the merit upon preponderance of evidence as required by law.”
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But the party said the judgment does not affect its Asue Ighodalo as he remains its governorships candidate for the September election.
PDP Chairman Dr Tony Aziegbemi said: “The PDP is aware that certain elements who are scared of the soaring popularity of our candidate are going about peddling rumours that Ighodalo’s candidature has been nullified.
“Let it be on record that Ighodalo is the PDP flagbearer for the 2024 governorship election in Edo State.”
The state’s position also got the backing of the party’s national body.
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A statement by the spokesperson, Debo Ologunagba, affirmed that Ighodalo remains PDP’s governorship candidate in Edo State.
Director-General of the Governorship Campaign Management Council, Matthew Iduoriyekemwen, described the judgment as a rumour, saying the suit was filed by disgruntled persons.
Iduoriyekemwen, who addressed a news conference yesterday, insisted that the judgment did not invalidate or challenge the outcome of the primaries which produced Ighodalo.
He said: “…we are confident that this new decision will not survive the test of appeal and all necessary steps in that regard are already being actively pursued.
“Members and supporters of the PDP, and the good people of Edo State, are enjoined to remain calm and ignore the antics of mischief makers, as the falsity of their assertion will be made clear in the fullness of time and upon release of the actual judgment for public consumption.”
