The Peoples Democratic Party has approached the Court of Appeal, Abuja division, to appeal the Federal High Court judgment that invalidated the primaries that produced Asue Ighodalo as its gubernatorial candidate in the forthcoming 2024 governorship election in Edo State.
The appellant (PDP), in an appeal hinged on 25 grounds, asked the appellate court to set aside the judgment of the lower court delivered on July 4, 2024.
Recall that Justice Inyang Ekwo of the Federal High Court, Abuja, had declared the PDP primary election held on February 22 in Edo State as invalid.
Justice Ekwo held that the PDP did not comply with the relevant provisions of its constitution or the electoral guidelines for primary elections when it excluded 378 elected ward delegates from participating in the primary election.
The trial judge held that this act itself is against the provision of Article 50(3) of the party’s constitution.
He further declared that it is a legal requirement that political parties must obey their constitution, guidelines, and regulations.
Justice Ekwo said, “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 noncompliance with the provisions of the Electoral Act 2022.
“The decision of the second defendant (PDP) not to include the plaintiffs in the governorship primaries for which they were elected at the ward congress was arbitrarily wrong.
“Ward congresses are to be held in accordance with the law, the party’s constitution, and Electoral Guidelines.
“After being held, they cannot be cancelled except in the manner provided in the Electoral Act 2022, the party’s constitution, and electoral guidelines.
“Consequently, I find that the case of the plaintiffs succeeds on the merits upon a preponderance of evidence as required by law.
“A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the constitution of the second defendant (as amended in 2017), the plaintiffs, together with the other lawfully elected delegates whose names and election results appear on Exhibits BID 8A to 8L herein, are the lawfully elected ward congress delegates in their respective wards and by virtue of which the defendants cannot exclude them from participating as 3 ad-hoc ward delegates at the Governorship primary election of Edo State slated for the 22nd of February 2024 or any other date.
The party said its candidate (Asue Ighodalo) was duly elected by the ad-hoc delegates who participated in its primary election.
PDP also said the court misapprehended their case as the lower court wrongly evaluated their evidence.
PDP Appeals Judgment Nullifying Edo Gov Primary
