The Court of Appeal in Abuja has set aside the July 4 judgment of a Federal High Court in Abuja faulting the conduct of the governorship primary of the Peoples Democratic Party (PDP) in Edo State, which produced Asue Ighodalo as the party’s candidate in the forthcoming September 21 election.
In a unanimous judgment a moment ago, a three-member panel of the appellate court allowed the appeal, marked:CA/ABJ/CV/763/24 filed by the PDP against the July 4 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja.
The Court of Appeal held that the Federal High Court lacked the jurisdiction to have heard and determine the suit brought by Hon Kelvin Mohammed and two others, who claimed to be acting on behalf of the 378 ad-hoc ward delegates elected on February 4, who were allegedly excluded unlawfully from the PDP’s governorship primary.
The court further held that the issue raised in the suit, being a pre-primary issue, which is within the internal affairs of the PDP, relating to the nomination of the party’s candidate, the Federal High Court was without jurisdiction to have entertained the suit.
It also held that Mohammed and the other plaintiffs at the Federal High Court lacked the locus standi to have approached the court, not being aspirants who participated in the primary and have the intention of contesting any political offices.
“The lower court has no jurisdiction to interfere with how the PDP conducts its internal affairs. The appeal succeeds. The judgment of the Federal High Court delivered on July 4, 2024 is set aside for lack of jurisdiction,” the court said.
The court is currently delivering judgment on a second appeal by the PDP on related issues.