Justice Inyang Ekwo of the Federal High Court in Abuja invalidated the Edo State Peoples Democratic Party (PDP) governorship primary election held on February 22, 2024, which had resulted in the selection of Asue Ighodalo as its flag bearer.
The ruling came as part of a lawsuit, marked FHC/ABJ/CS/165/2024, initiated by disgruntled delegates, led by Kelvin Mohammed. Justice Ekwo found that 378 delegates, who were entitled to vote, were unlawfully excluded by the PDP, a violation of the Electoral Act 2022, PDP guidelines, and the party’s constitution.
The primary election, conducted at Samuel Ogbemudia Stadium in Benin, was deemed compromised. The court concluded that the evidence presented by the PDP (Exhibit 1) was inadequate and revealed that the returning officers had manipulated the result sheets.
Justice Ekwo affirmed that the plaintiffs had successfully proven their case through the exhibits provided, leading to the annulment of the primary election results.
Regarding the Independent National Electoral Commission, the first defendant in the suit, the judge noted that while INEC filed a memorandum of appearance, it did not submit any further processes in the case.
He stated that INEC’s counsel declared they would abide by the court’s decision and upheld the plaintiffs’ arguments.
“I find that the plaintiffs’ case succeeds on its merits,” Justice Ekwo concluded.
It is worth noting that the 378 ad-hoc delegates, loyal to the impeached Edo State Deputy Governor Philip Shaibu, sued INEC, PDP, its National Secretary, and the Vice Chairman South-South as the first to fourth defendants.
In the suit dated February 7 but filed February 8, the plaintiffs sought two orders, “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 about 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 Feb. 22 in Edo.”
The plaintiffs, which include Kelvin Mohammed, Mr Gabriel Okoduwa, and Mr 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.
