The Federal High Court in Abuja on Thursday rendered a significant judgment that invalidated the Peoples Democratic Party primary election held on February 22, 2024.
This primary election had produced Asue Ighodalo as the party’s candidate for the upcoming Edo State governorship election.
Justice Inyang Ekwo presided over the case and determined that the PDP’s primary election did not adhere to the requirements stipulated by the Electoral Act, 2022, as well as the party’s own guidelines and constitution. He criticized the PDP for failing to provide adequate evidence, stating that “Exhibit PDP 1 tendered by the party was bereft of evidence” and concluded that the plaintiffs had successfully proven their case against the defendants.
Justice Ekwo remarked on the dubious nature of the result sheets, noting that the returning officers responsible for preparing them “only sat down in a place to manufacture the outcome” of the primary. He also highlighted that the exclusion of 381 delegates, including the plaintiffs, contravened legal provisions.
The judge took note that although the Independent National Electoral Commission listed as the 1st defendant, had filed a memorandum of appearance, it did not submit any substantive response or documentation. Instead, the commission’s counsel indicated that they would abide by the court’s decision. Justice Ekwo declared, “I found that the case of the plaintiffs succeeds on merit.”
According to the News Agency of Nigeria, the lawsuit was initiated by three aggrieved ad-hoc delegates—Hon Kelvin Mohammed, Mr Gabriel Okoduwa, and Mr Ederaho Osagie—representing the interests of 378 other delegates. They had filed the suit on February 8, 2024, under case number FHC/ABJ/CS/165/2024. The plaintiffs sought judicial orders to prevent the defendants, which included INEC, the PDP, the PDP National Secretary, and the Vice Chairman of the South-South zone, from proceeding with the planned primary election and to show cause for their actions excluding the 381 delegates from the process.
The 381 delegates in question are aligned with Philip Shaibu, the impeached deputy governor of Edo State. The plaintiffs argued that their exclusion was both unjust and illegal, and that the court should intervene to rectify the situation.
