Justice Inyang Ekwo of the Federal High Court in Abuja declared the Peoples Democratic Party’s (PDP) primary election held on February 22, 2024, invalid. This ruling came during a judgment in a lawsuit brought by aggrieved delegates, including Kelvin Mohammed, who represented the affected group. The primary election had produced Asue Ighodalo as the PDP’s governorship candidate, but Justice Ekwo voided the results due to significant legal violations, thus marking the Edo PDP primary invalid.
The primary reason for declaring the Edo PDP primary invalid was the unlawful exclusion of 378 delegates who were supposed to participate in the voting process. These delegates were not allowed to vote by the PDP, which was a clear violation of both the party’s guidelines and the Electoral Act of 2022. The court found that the exclusion of these delegates was not only contrary to the law but also undermined the integrity of the election process.
During the court proceedings, it was revealed that the primary election conducted at Samuel Ogbemudia Stadium in Benin was fraught with irregularities. Justice Ekwo pointed out that the evidence provided by the PDP, specifically Exhibit 1, was inadequate and lacked sufficient proof. This evidence suggested that the returning officers manipulated the result sheets, further compromising the election’s legitimacy. The court found these actions to be gross violations of the PDP guidelines and its constitution, reinforcing the decision to declare the Edo PDP primary invalid.
Justice Ekwo emphasized that the plaintiffs, represented by Kelvin Mohammed and others, had successfully established their case against the PDP through the exhibits they presented. These exhibits demonstrated the unlawful exclusion of delegates and the manipulation of election results. The judge concluded that the plaintiffs’ case had substantial merit, leading to the invalidation of the primary election.
The Independent National Electoral Commission (INEC) was the first defendant in the suit. Although INEC filed a memorandum of appearance, it did not submit any further documents or evidence in the case. INEC’s counsel stated that the commission would abide by the court’s decision, effectively supporting the plaintiffs’ arguments. This stance by INEC further solidified the court’s decision to declare the Edo PDP primary invalid.
The 378 ad-hoc delegates, who were loyal to the impeached Edo State Deputy Governor Philip Shaibu, had sued INEC, the PDP, its National Secretary, and the Vice Chairman of the South-South region. The lawsuit, dated February 7 but filed on February 8, sought two primary orders. The first order was for the defendants to show cause why the reliefs requested by the plaintiffs should not be granted. The second order was to prevent the exclusion of the 378 delegates from participating in the February 22 primaries. These delegates’ names and election results were detailed in Exhibits BID 8A to 8L, which were crucial pieces of evidence in the case.
The plaintiffs, including Kelvin Mohammed, Mr. Gabriel Okoduwa, and Mr. Ederaho Osagie, represented delegates from 12 local government areas and 127 wards. They argued that granting their reliefs was essential for justice to be served. They contended that the exclusion of the delegates was a deliberate attempt to manipulate the election process and ensure a predetermined outcome.
Justice Ekwo’s ruling to declare the Edo PDP primary invalid underscores the importance of adhering to electoral laws and party guidelines. The judgment serves as a reminder that the exclusion of eligible voters and the manipulation of election results are serious offenses that undermine the democratic process. By invalidating the primary election, the court has set a precedent for ensuring fairness and transparency in future elections.
The Federal High Court’s decision to declare the Edo PDP primary invalid highlights the significance of legal compliance in electoral processes. The unlawful exclusion of delegates and the manipulation of election results were key factors in this ruling. The judgment not only serves justice to the aggrieved delegates but also reinforces the integrity of the democratic process. As a result, the PDP will need to address these issues and conduct a new primary election that adheres to the law and party guidelines.