The Court of Appeal in Abuja has reversed a Federal High Court ruling that had previously ordered the People’s Democratic Party (PDP) to permit 381 ad-hoc delegates to participate in its February 22 primary election in Edo State.
This primary election resulted in the selection of Asue Ighodalo as the party’s candidate for the September 21, 2024, governorship election in the state.
A three-judge panel of the appellate court nullified the judgment issued by Justice Inyang Ekwo on July 4, 2024.
The appellate court determined that the trial court did not have the jurisdiction to hear the case brought by the aggrieved delegates, as they lacked the legal standing necessary to initiate the suit.
The court unanimously ruled that it has no authority to interfere with the PDP’s internal decision-making regarding the selection of its candidate for the upcoming Edo State governorship election.
In a related case brought by eight other delegates, the Court of Appeal emphasized that political parties function like clubs, and those who join must adhere to the party’s rules.
The court further ruled that it cannot intervene in the internal affairs of a political party, particularly when it comes to candidate selection.
The court also stated that individuals who did not participate in an election do not have the legal standing to challenge the election’s outcome, saying therefore, that the ad-hoc delegates lacked the locus to contest the results of the PDP primary election in Edo State.
Previously, in July, Justice Ekwo of the Federal High Court in Abuja had annulled the PDP governorship primary in Edo State, citing the unlawful exclusion of 378 delegates who were supposed to vote.
Justice Ekwo ruled that both the Electoral Act 2022 and the PDP guidelines were violated during the primary election held at Samuel Ogbemudia Stadium in Benin City, Edo State.
He criticized the evidence presented by the PDP, indicating that the returning officers who prepared the results had fabricated the outcome of the poll. He found that the exclusion of the 381 delegates, including the plaintiffs, violated the law.
Justice Ekwo concluded that the plaintiffs had successfully proven their case. The aggrieved ad-hoc delegates had sued INEC, the PDP, its national secretary, and the vice chairman, South-South, seeking orders to prevent their exclusion from the February 22 primaries in Edo State
