The Court of Appeal, Abuja has set aside the judgement of the Federal High Court, faulting the Edo State chapter of the Peoples Democratic Party, PDP, on the conduct of its governorship primaries.
The Appellate court, in the appeal marked CA/ABJ/CV/763/24, nullified the July 4, 2024 judgement by Justice Inyang Edem Ekwo, faulting the party for excluding 381 delegates from participating in its governorship primaries, held on February 22, 2024.
The said poll produced Asue Ighodalo as the party’s candidate for the September 21 election
Delivering judgment on Monday, the three-member panel of the appellate court held that the lower court lacked the jurisdiction to hear the case.
The Appellate court faulted the lower court for entertaining the matter despite the issue being an internal affair of the party, as the issue raised happened before the primaries.
The court also held that that the plaintiffs lacked the locus standi to approach the court as only aspirants in an election can challenge an election.
“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 appellate court held.
Some aggrieved members of Edo PDP, Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie had on behalf of themselves and 278 other delegates, approached the Federal High Court, Abuja, challenging the conduct of the party’s governorship primaries.
The plaintiffs prayed the court to grant them an order restraining the defendants from unlawfully excluding them and other lawfully elected delegates from participating as ad hoc ward delegates.
Justice Ekwo, in a judgement, held that the PDP failed to comply with its constitutional provisions in the conduct of the primaries and granted the relief of the plaintiffs.
However, no consequential order was made nullifying the primary election.