The Court of Appeal in Abuja has reversed a ruling by the Federal High Court that had mandated the People’s Democratic Party (PDP) to allow 381 ad-hoc delegates to participate in its primary election in Edo State on February 22.
This primary election had resulted in Asue Ighodalo being selected as the PDP candidate for the upcoming governorship election in Edo State, scheduled for September 21, 2024.
A three-judge panel from the appellate court annulled the July 4, 2024, decision of Justice Inyang Ekwo, citing that the lower court did not have the jurisdiction to hear the case brought by the aggrieved delegates.
The appellate court emphasized that it was beyond its authority to interfere with the PDP’s internal process for selecting its candidate for the September 21 governorship election.
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Previously, Justice Ekwo had invalidated the PDP’s primary election on the grounds that 378 delegates were unlawfully excluded from voting, which violated both the Electoral Act 2022 and the PDP’s guidelines. The suit was filed by Kelvin Mohammed on behalf of the excluded delegates.
Justice Ekwo had ruled that the PDP’s evidence was insufficient and indicated that the election results appeared to have been fabricated. He also criticized the Independent National Electoral Commission (INEC) for its lack of active participation in the case, despite being named as the first defendant.
The three delegates who filed the suit, representing 378 others, had sought to prevent the PDP from excluding them from the primary election, arguing that their exclusion was unlawful. These delegates were supporters of the embattled Deputy Governor, Philip Shaibu.
