Court dismisses suit seeking to void Edo PDP ward congress

A federal high court in Abuja has dismissed two suits that sought to nullify the ward congress of the Peoples Democratic Party (PDP) in Edo.

The congress was conducted on February 4, 2024.

Delivering judgment on Tuesday, Inyang Ekwo, presiding judge, held that the plaintiffs lacked the requisite locus standi (legal right) to institute the suit against the PDP.

Ekwo held that the plaintiffs did not establish how their personal interests were affected by the conduct of the ward congresses, to warrant the nullification.

He added that the plaintiffs were unable to show that they participated in the disputed ward congresses.

Consequently, the suits were dismissed for want of merit.

The first suit marked FHC/ABJ/CS/195/2024, was filed by Adizetu Umoru, and the second suit marked FHC/ABJ/CS/196/2024, was filed by Moses Alabi and Christopher Oboarer.

“Locus standi is not donated by perceived but tangible interest. It is not conferred by legal submission but by actual right,” the judge held.

“The plaintiffs’ mere response to the preliminary objection of the 1st defendant (INEC) that they are active members of the 2nd defendant (PDP) who are aggrieved with the wrong conduct of their political party, is not a satisfactory demonstration of sufficient, direct and personal interest in the subject matter of this suit.

“As it is, the plaintiffs have failed to demonstrate to this court, their respective stake in the 2nd defendant’s ward congresses.

“Now, as the law is, where a plaintiff has been adjudged to lack locus standi, it does not matter whether the action is premature, speculative and academic, or discloses no reasonable cause of action against the defendant, or the originating process is defective and incompetent, or the suit is not justiceable, or the suit is an abuse of court process.

“Lack of locus standi ordinarily means the plaintiff has no legal right or authority to cross the threshold of the court for the matter at hand.

“Once the court finds that the plaintiff lacks locus standi, then, the case ends there.

“The court ceases to have jurisdiction to consider or decide any other issue in the suit and this is the case here.

“It is the law that the claims must be struck out and I am bound to follow the law. I therefore make an order striking out this action for lack of locus standi of the plaintiffs. This is the order of the court.”

BACKGROUND

On February 4, the PDP conducted a congress to select delegates who would participate in the party’s February 22 governorship primary.

Before the congress, Seyi Makinde, governor of Oyo, who was appointed as the chairman of the election committee, rejected the appointment.

Makinde said the list of electoral officers for the election contained people from Delta state and officials of the Edo state government.

Nine out of the 11 PDP governorship aspirants, including Philip Shaibu, former deputy governor of the state, boycotted the exercise.

The aspirants rejected the composition of the committee for the delegates’ election.

Tony Aziegbemi, chairman of the PDP in Edo, asked aggrieved governorship hopefuls to approach the appeal panel.

Meanwhile, Asue Ighodalo, a businessman, won the governorship primary conducted on February 22.

Ighodalo was the preferred candidate of Godwin Obaseki, governor of Edo.