Justice Inyang Ekwo of the Federal High Court in Abuja has invalided the Peoples Democratic Party (PDP) primary election that produced Asue Ighodalo as its governorship candidate in the forthcoming gubernatorial election in the state.
The election conducted on February 22, 2024, was voided on the ground that 378 delegates who were supposed to vote at the primary election were unlawfully excluded by the PDP.
Justice Ekwo nullified the primary election while delivering judgment in a suit filed by the aggrieved delegates.
The suit was instituted by one Kelvin Mohammed in a representative capacity. Justice Ekwo held that both the provisions of the Electoral Act 2022 and the PDP Guidelines were violated in the conduct of the primary election at the Samuel Ogbemudia Stadium in Benin.
Justice Ekwo, who said that Exhibit PDP 1 tendered by the party was bereft of evidence, held that the plaintiffs, through the exhibits tendered, were able to establish their case against the defendants.
The judge said that from the exhibit presented by the PDP, he found that the returning officers who prepared the result sheets only sat down in a place to manufacture the outcome of the poll.
He said the exclusion of the 381 delegates, including the plaintiffs, was against the provisions of the law.
Justice Ekwo held that, though the Independent National Electoral Commission (INEC), the 1st defendant, filed a memorandum of appearance in the suit, it was unfortunate that the commission did not file any process in the case.
According to the judge, the 1st defendant’s counsel only said it would be bound by the decision of the court.
“I found that the case of the plaintiffs succeeds on merit,” he said.
The three aggrieved ad-hoc delegates, on behalf of the 378 others, had sued INEC, the PDP, its national secretary, and the vice chairman, South-South as 1st to 4th defendants respectively.
In the suit, the plaintiffs sought two orders.
These include an order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted concerning the plan of the 2nd, 3rd, and 4th defendants to exclude them and 378 other delegates, whose names and election results are contained in “Exhibits BID 8A to 8L,” from participating in the primaries of Feb. 22 in Edo.
The plaintiffs, which include Kelvin Mohammed, Gabriel Okoduwa, and Ederaho Osagie, on behalf of others in 12 local government areas and 127 wards, averred that it would be in the interest of justice for their reliefs to be granted.
The 381 delegates are those loyal to Philip Shaibu, the impeached deputy governor.
Meanwhile, the PDP in Edo State has rejected the court verdict, insisting on Ighodalo as its candidate for the September polls.
The PDP chairman in Edo State Tony Aziegbemi said in a statement; “Let it be on record that the candidature of Dr Asue Ighodalo as the flag bearer of the party for the 2024 elections remains intact and that the judgement of the Federal High court in Abuja did not in any way affect the candidature of Dr Asue Ighodalo. We urge our teaming loyal supporters to remain calm and resolute as there is no cause for alarm.”
Meanwhile, after the court ruling, the immediate past Deputy Governor of Edo State, Phillip Shaibu has said he has been vindicated by the Federal High Court judgment which invalidated the governorship primary election of Edo State.
Reacting on Thursday 4 July to the judgment delivered by Justice Inyang Edem Ekwo, Shuaib claimed that what PDP tagged as a primary election on February 22, 2024, was nothing but a tea party with no force of law.
He said he had consistently and persistently cried out loud and clear that the PDP killed internal democracy with the fraudulent ways its purported primary election was conducted at the Samuel Ogbemudia stadium in Benin.
The former Deputy Governor maintained that those who voted for him at his parallel primary election were the authentic delegates lawfully chosen by the people to nominate the governorship candidate for PDP.
On the move by the All Progressives Congress, APC, for him to defect to the party, Shaibu claimed that there was nothing wrong as long as democracy remains a game for the vast majority of people.
“When you see a political party wooing people to its group, that party wants to win but when you see a party chasing people away as in the case of the PDP, that party is planning nothing but rigging of election”.
Justice Inyang Edem Ekwo had in his judgment invalidated the February 22 PDP primary election on the ground that 378 delegates who were supposed to vote in the election were unlawfully excluded.
In a viral video, Philip was captured dancing and shouting OFONEEE immediately the court ruling nullified PDP candidate.
