The Peoples Democratic Party has filed an appeal with the Court of Appeal, Abuja division, challenging the ruling of the Federal High Court that nullified the primary results that produced Asue Ighodalo as the party’s nominee for governor of Edo State in the upcoming 2024 governorship contest. In an appeal that was based on 25 grounds, the appellant (PDP) requested that the appellate court revoke the ruling made by the lower court on July 4, 2024.
Recall that the PDP primary poll in Edo State on February 22 was ruled void by Justice Inyang Ekwo of the Federal High Court, Abuja. When the PDP barred 378 elected ward delegates from running in the primary election, Justice Ekwo ruled that the party had violated both the relevant articles of its constitution and the electoral rules.
According to the trial judge, the act in question violates Article 50(3) of the party constitution. He went on to say that political parties have a legal obligation to follow their own constitution, rules, and regulations. “The effect of noncompliance with the Electoral Act 2022 provisions or noncompliance with the political party’s constitution is not different from the failure to comply with the Electoral Guidelines,” Justice Ekwo stated.
“It was arbitrary for the second defendant (PDP) to exclude the plaintiffs from the governorship primary, even though they had won the ward congress. Ward congresses shall be conducted in compliance with the Electoral Guidelines, the party constitution, and the law. “Once they’re scheduled, they can only be canceled in the ways specified by the Electoral Act 2022, the party charter, and electoral guidelines.
As a result, I conclude that the plaintiffs’ case is successful on its merits based on the preponderance of the evidence, as required by law. “Declaration is hereby made that the plaintiffs and 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 the provisions of Article 50 (3) of the second defendant’s constitution (as amended in 2017) the defendants cannot exclude them from participating as three ad hoc ward delegates at the Edo State governorship primary election scheduled 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 Article 50(3) of the second defendant’s constitution (as amended in 2017 and Section 82 of the Electoral Act 2022), to allow the plaintiffs and the 375 other lawfully elected delegates to participate in the primary election of February 22, 2024, and to abide by the outcome of the three 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, to be elected.
The plaintiffs and the other duly elected delegates, whose names and election results are listed on Exhibits BID 8A to 8L herein, are prohibited from participating as three ad hoc ward delegates in the second defendant’s governorship election primaries, which are scheduled for February 22, 2024, or any other date, by an order of mandatory injunction that is hereby made.
In the appeal dated July 9, filed through their attorney Adeyemi Ajibade (SAN), and designated CA/ABJ/CV/2024, PDP contended that the trial court’s ruling was against the preponderance of the evidence. The respondents in the appeal are, in order of first to sixth place, Kelvin Mohammed, Gabriel Okoduwa, Ederaho Osagie (speaking for both the PDP and the 378 ad hoc delegates), Independent National Electoral Commission, National Secretary of the PDP, and Vice Chairman, PDP South-South. “The lower court erred in law when it granted reliefs 2, 3, and 4 sought by the 1st to 3rd respondents,” the appellant said.
The political party further argued that the trial court’s judgment was based on no foundation whatsoever. The appellant claimed that the first through third respondents did not take part in the three-man ad hoc ward congress that was held on February 4 across the 18 local governments in Edo State, nor were they among those who were chosen as elected delegates. The party claimed that the ad hoc delegates who took part in its primary election legitimately elected its candidate, Asue Ighodalo. PDP added that the lower court misconstrued their case and misapplied their evidence.
“The lower court judgment is unsupported in law,” the argument said. As it was declaratory, it argued that “the respondents’ relief two ought to have been backed by cogent and persuasive evidence” and that they had not broken any applicable laws. “An order allowing the appeal, an order setting aside the judgment of the lower court, and an order striking out or dismissing the entire suit for want of jurisdiction,” were the reliefs they requested based on these grounds.
