The Peoples Democratic Party (PDP) has lodged an appeal with the Abuja Division of the Court of Appeal against the Federal High Court’s decision that nullified its primary election, which had selected Asue Ighodalo as the party’s candidate for the 2024 Edo State governorship race.
The appeal, based on 25 grounds, urges the appellate court to overturn the lower court’s judgment delivered on July 4, 2024.
Previously, Justice Inyang Ekwo of the Federal High Court, Abuja, declared the PDP’s primary election held on February 22, 2024, invalid. The ruling indicated that the PDP had violated its constitution and electoral guidelines by excluding 378 elected ward delegates from participating in the primary.
Justice Ekwo noted that this exclusion breached Article 50(3) of the PDP’s constitution and emphasized the legal requirement for political parties to follow their own rules and regulations. He added that failing to comply with electoral guidelines is tantamount to disregarding both the party’s constitution and the provisions of the Electoral Act 2022.
“The PDP’s exclusion of the plaintiffs from the primary election was arbitrary and wrong. Ward congresses must be conducted in accordance with the law, the party’s constitution, and electoral guidelines, and they cannot be canceled except as specified in the Electoral Act 2022 and the party’s constitution,” Justice Ekwo stated.
He ruled in favor of the plaintiffs, declaring that the 378 delegates who were excluded from the primary election were lawfully elected and should have been allowed to participate.
Justice Ekwo ordered the PDP to comply with Section 82 of the Electoral Act 2022 and Article 50(3) of its constitution, directing the party to recognize the 378 delegates in any future primary elections.
In its appeal dated July 9, marked CA/ABJ/CV/2024 and filed by lawyer Adeyemi Ajibade (SAN), the PDP argued that the trial court’s decision was not supported by the weight of evidence. The respondents in the appeal are Kelvin Mohammed, Gabriel Okoduwa, Ederaho Osagie (representing themselves and the 378 ad-hoc delegates), the Independent National Electoral Commission, the National Secretary of the PDP, and the Vice Chairman, PDP South-South.
The PDP contended that the lower court erred in granting certain reliefs to the respondents and maintained that the February 4, 2024, ad-hoc ward congress was conducted properly. It claimed that the 1st to 3rd respondents were not elected delegates and that Asue Ighodalo was rightfully elected by those who participated.
The PDP concluded that the trial court misinterpreted their case and wrongly evaluated the evidence. They argued that the judgment was not supported by law and lacked substantial evidence from the respondents.
The party is seeking an order to allow the appeal, set aside the lower court’s judgment, and dismiss the entire suit for lack of jurisdiction.