From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has set aside the judgment of a Federal High Court which ordered the Peoples Democratic Party (PDP) to allow the participation of 381 ad hoc delegates in the February 22 primary election that produced Mr Asue Ighodalo as the candidate of the party in the September 21 governorship election in Edo State.
A three-member panel of the appellate court set aside the judgment that was delivered by Justice Ekwo delivered on July 4, on the grounds that his court lacked jurisdiction to entertain the suit of the aggrieved delegates who have legal rights to initiate the suit.
Delivering judgment in the appeal Monday, the three-member panel agreed with the submissions of the PDP and allowed the appeal.
The appellate court, in the judgment, stated that the first to third respondents do not have the wherewithal to challenge the PDP over the primary, since they were never aspirants seeking political office.
It was the decision of the Court that issue of primary is an internal affairs of a political party which is outside the jurisdiction of the court.
According to the judgement, “It is only an aspirant that can challenge the primary election of a political party.”
The appellate court, while holding that primary election is an internal affair of any political party, pointed out that the grievances of the plaintiffs cannot be entertained by any court, as they are not contesting political office but selected to only participate in the selection of a candidate for the party.
Three aggrieved ad hoc delegates — Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie — had sued the PDP on behalf of themselves and 378 other delegates over their exclusion in the February 22 primary election that produced Ighodalo as the standard bearer of the PDP in the forthcoming election in Edo State.
They had asked the court to determine amongst others whether their exclusion from the said primary was not in breach of the party’s constitution.
Besides, they had urged the court to order the PDP to allow their participation in the poll if the questions raised for determination were in their favour.
Delivering judgment in the suit marked: FHC/ABJ/CS/165/2024, Justice Inyang Ekwo had faulted the exclusion of the plaintiffs and 378 other delegates in the February 22, primary election for the selection of the PDP’s candidate in the forthcoming governorship election in Edo State, and subsequently ordered their inclusion in the primary election.
Dissatisfied with the judgment of Justice Ekwo, the PDP approached the appellate court, with a 25-ground appeal, amongst which are that the trial court lacked jurisdiction to entertain the case of the plaintiffs because they are not aspirants who are clothed by law to challenge such primary.
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