By Kenny Folowosele, Abuja
Justice Inyang Ekwo of the Federal High Court in Abuja yesterday quashed the Peoples Democratic Party (PDP) primary that produced Asue Ighodalo, the governorship election in Edo State.
The judgement came against suggestions from the ruling party in the state that the court declaration does not invalidate its candidate’s continuous flying of the flag of contest in the coming poll.
Also, there was a reaction from the camp of impeached deputy governor of the state, Philip Shaibu, who said the judgement has validated his claim of unfairness in the primary.
Before the yesterday’s pronouncement, Ighodalo was the party’s candidate for the forthcoming gubernatorial election in the state.
In his ruling, the Judge held: “the PDP’s primary held on February 22 failed to comply with the Electoral Act 2022.
“The party did not also adhere to the guidelines for the conduct of the poll and the party’s constitution. The plaintiffs were able to prove their case against the defendants by using the exhibits that were tendered.”
The judge added that from the PDP’s submission, he discovered that the returning officials who filled the result sheets merely sat down in a location to fabricate the poll’s results.
He declared that it was illegal to exclude the 381 delegates, which included the plaintiffs.
Even though the Independent National Electoral Commission (INEC), the initial defendant in the lawsuit, submitted a memorandum of appearance, the judge held that it was regrettable that the commission failed to submit any paperwork in the matter.
In a judgment, Justice Inyang Ekwo held that the PDP’s primary held on February 22 failed to comply with the provisions of the Electoral Act, 2022, the guidelines for the conduct of the poll, and the party’s constitution.
Justice Ekwo, who said that the Exhibit PDP 1 tendered by the party was bereft of evidence, held that the plaintiffs, through the exhibits tendered, were able to establish their case against the defendants.
The judge said that from the exhibit presented by the PDP, he found that the returning officers who prepared the result sheets only sat down in a place to ‘manufacture’ the outcome.of the poll.
He said the exclusion of the 381 delegates, including the plaintiffs, were against the provisions of the law.
Justice Ekwo held that, though INEC, the 1st defendant, filed a memorandum of appearance in the suit, it was unfortunate that the commission did not file any process in the case.
According to the judge, the 1st defendant counsel only said it will be bound by the decision of the court.
“I found that the case of the plaintiffs to succeed on merit,” he said.
The News Agency of Nigeria (NAN) reports that three aggrieved ad-hoc delegates, on behalf of the 378 others, had sued INEC, the PDP, its national secretary, and the Vice-Chairman, South-South, as the 1st to 4th defendants respectively.
In the suit marked: FHC/ABJ/CS/165/2024 dated February 7 but filed February 8, the plaintiffs sought for two orders.
These include an order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted with regard to the plan of the 2nd, 3rd and 4th defendants to exclude them and 378 other delegates, whose names and election results are contained in “Exhibits BID 8A to 8L,” from participating in the primaries of February 22 in Edo State.
The plaintiffs, including Hon. Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie, on behalf of others in 12 local government areas and 127 wards, averred that it would be in the interest of justice for their reliefs to be granted.
Meanwhile, the state chapter of the PDP has downplayed the judgment and its effect on its candidate.
Yesterday, the party countered that the Federal High Court’s judgment on its primaries does not affect its governorship candidate in the coming governorship election in the state.
The PDP stated in Benin-City that Ighodalo remains the PDP governorship candidate in Edo State.
State PDP chairman, Tony Aziegbemi, said that Ighodalo’s candidature for the 2024 election remains intact.
“The PDP is aware that certain elements scared of the soaring popularity of our candidate are going about peddling rumours that Ighodalo’s candidature has been nullified.
“Let it be on record that Ighodalo is the PDP flag bearer for the 2024 governorship election in Edo,” Aziegbemi said.
It would be recalled that the Federal High court sitting in Abuja yesterday voided the PDP primary election conducted on February 22.
The judgment was voided on grounds that the 378 delegates who were supposed to vote at the primaries were unlawfully excluded by the PDP.
Meanwhile, the immediate past deputy governor of Edo State, Phillip Shaibu, has said that he has been vindicated by the Federal High Court judgment which invalidated the governorship primary election of Edo State yesterday.
