By Deborah Onyofufeke
A Federal High Court sitting in Abuja, Thursday, restrained the Independent National Electoral Commission (INEC) from recognizing or accepting ad-hocs delegates produced by the governor Obaseki’s faction of the People’s Democratic Party (PDP) in Edo State.
In his judgement, Justice Ekwo after scrutinizing the documentary evidence including the report of INEC on its monitoring of the April 30th delegates election agreed with the Plaintiffs that they were validly and legally elected as the authentic ad-hoc delegates for the Edo State chapter of the PDP.
The Judge went ahead to deliver judgement in the suit instituted by 581 delegates who were elected on April 30th, citing that the Peoples’ Democratic Party (PDP) and other defendants in the suit are bound by Section 84 (5) of the electoral Act 2022, as well as Section 15 of the PDP constitution relating to delegates elections.
He issued a mandatory order of injunction against INEC stopping it from recognizing or accepting any delegates list order than the one produced by the PDPs congress of April 30th where plaintiffs emerged as ad-hoc delegates.
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Dan Orbih’s faction of the party was declared to be the right ones to produce the ad-hoc delegates as the court pronounced them to be the authentic faction and declared that they must be recognized and accepted.
The 581 delegates instituted a suit marked FHC/Abj/ CS/598/2022 through their five representatives, Honourable Monday Osagie, Hon. Reuben Ekhosuehi, Hon. Adeyqnba Osaro, Hon. Magdalene Osawe and Hon Imariabe Oghogho.
Defendants in the suit are; PDP, Dr Iyorchia Ayu, Senator Samuel Anyanwu, Umar Bature and INEC as 1st to 5th defendants respectively.
The Plaintiffs in their suit argued by Dr John Musa, SAN asked the court to determine whether PDP given Section 84 (5) of the electoral Act 2022 and Section 15 of the PDP constitution can jettison their election monitored by INEC for another one conducted in violation of the provisions of the relevant laws.
They also asked the court to determine whether the defendants can on their jettison the authentic delegates for others whose purported election is unknown to any law.
The court held that the role of INEC in primary election monitoring, congress and conventions are statutory and constitutional and, must therefore be adhered to strictly by all political parties.
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The court noted that going against the elections of the plaintiffs will amount to a brazing violation of laws that are not ambiguous, an action which no court must allow to stand.
Justice Ekwo therefore issued an order of injunction against 1st to 4th defendants restraining them from tampering with the Plaintiffs list having been duly elected in the Congress of the party held on April 30th.
The court also issued an order of perpetual injunctions against the 1st to 4th defendants stopping them from conducting any congress to replace the plaintiffs.
The plaintiffs were elected from 18 LGAs of the State to elect national delegates for the House of Assembly, House of Representatives and Senatorial elections.



