Justice Inyang Ekwo of the Federal High Court in Abuja has invalidated the Peoples Democratic Party (PDP) primary election that produced Asue Ighodalo as its governorship candidate. The election, held on February 22, 2024, was annulled on the grounds that 378 delegates were unlawfully excluded from voting.
Justice Ekwo delivered the judgment in a suit brought by aggrieved delegates, represented by Kelvin Mohammed. He ruled that the election violated the provisions of the Electoral Act 2022 and the PDP Guidelines, as it was conducted at the Samuel Ogbemudia Stadium in Benin without the inclusion of the delegates in question.
Exhibit PDP 1, presented by the party, was found to lack sufficient evidence. Justice Ekwo noted that the plaintiffs successfully established their case through the exhibits provided. He found that the returning officers had fabricated the results, highlighting that the exclusion of the 381 delegates was illegal.
Although the Independent National Electoral Commission (INEC), the first defendant, appeared in court, it did not file any process in the case. The INEC counsel stated that the commission would abide by the court’s decision.
Justice Ekwo concluded that the plaintiffs’ case succeeded on merit. The suit, initiated by Kelvin Mohammed, Gabriel Okoduwa, and Mr. Ederaho Osagie on behalf of other delegates across 12 local government areas and 127 wards, sought two orders. These included preventing the defendants from excluding the delegates from the February 22 primaries in Edo.
The 381 delegates, who are loyal to the impeached deputy governor Philip Shaibu, claimed that it would be just for their reliefs to be granted.
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