PDP Appeals Ruling Voiding Edo Governorship Primary

The Peoples Democratic Party (PDP) has approached the Court of Appeal in Abuja to contest the Federal High Court’s ruling that invalidated the primaries which selected Asue Ighodalo as its gubernatorial candidate for the upcoming 2024 Edo State governorship election.

The PDP’s appeal, based on 25 grounds, requests the appellate court to overturn the lower court’s judgment delivered on July 4, 2024. This follows the decision by Justice Inyang Ekwo of the Federal High Court in Abuja, who declared the PDP primary election held on February 22 in Edo State as invalid.

Justice Ekwo ruled that the PDP did not adhere to the necessary constitutional provisions or electoral guidelines by excluding 378 elected ward delegates from the primary election. He emphasized that this exclusion violated Article 50(3) of the party’s constitution and underscored the legal requirement for political parties to comply with their constitutions, guidelines, and regulations.

In his judgment, Justice Ekwo stated, “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 the provisions of the Electoral Act 2022.” He added that the PDP’s decision to exclude the plaintiffs from the governorship primaries was “arbitrarily wrong” and against the provisions of the law, the party’s constitution, and Electoral Guidelines.

Justice Ekwo declared that the plaintiffs, along with the other lawfully elected delegates, should not have been excluded from participating in the primary election. He issued an order directing the PDP to abide by the outcome of the ward congress of February 4, 2024, and to allow the plaintiffs and the other 378 elected delegates to participate in the primary election.

The PDP’s appeal, dated July 9 and filed by their lawyer Adeyemi Ajibade (SAN), argues that the trial court’s decision is against the weight of the evidence. The respondents in the appeal include Kelvin Mohammed, Gabriel Okoduwa, Ederaho Osagie (representing themselves and the 378 ad-hoc delegates), the Independent National Electoral Commission, the National Secretary of the PDP, and the Vice Chairman of the PDP South-South.

The PDP contends that the lower court erred in granting reliefs sought by the 1st to 3rd respondents and argues that the 1st to 3rd respondents did not participate in the ward congress and were not among the elected delegates. The party maintains that its candidate, Asue Ighodalo, was duly elected by the ad-hoc delegates who participated in the primary election, and that the lower court wrongly evaluated their evidence.