The Court of Appeal in Abuja on Monday voided the judgement of a federal high court which ordered the Peoples Democratic Party (P D P) in Edo State to allow 381 ad-hoc delegates excluded in the February 22 primary election to participate in the excercise.
Recall that the primary election produced Asue Ighodalo as the party’s candidate to fly its flag in the forthcoming September 21 governorship election.
In a unanimous judgment, the three-member panel of the appellate court set aside the judgement of Justice Inyang Ekwo of the federal high court.
The court allowed the appeal, marked: CA/ ABJ/CV/ 763/24 filed by the PDP against the judgment on the grounds that the trial court lacked jurisdiction to entertain and determine the suit of the aggrieved delegates led by Hon. Kelvin Mohammed.
The appellate court held that the lower court cannot interfere with how the PDP select it’s candidate for the September 21 governorship election in the state, adding that it was a pre-primary issue, which is within the internal affairs of the party.
The court also held that Mohammed and the other plaintiffs lacked the locus standi to have approached the court, as they were not aspirants and therefore did not take part in the primary on that day.
Justice Ekwo had while delivering his judgement on July 4, 2024, held that the 378 delegates who were supposed to vote at the primary election were unlawfully excluded by the party.
He noted that both the provisions of the Electoral Act 2022 and the P D P guidelines were violated in the conduct of the primary and maintained that the exclusion of the 381 delegates, including the plaintiffs, was against the provisions of the law.
Justice Ekwo added 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 further held that, the Independent National Electoral Commission (I N E C), which is 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.
