Court faults Edo PDP for excluding 381 delegates from primary — but fails to void poll (corrected)

A federal high court in Abuja has ruled that the Peoples Democratic Party (PDP) was wrong to have excluded 381 delegates from its primary election held on February 22. 

In the ruling delivered on Thursday, Inyang Ekwo, presiding judge, held that the PDP failed to comply with the provisions of the Electoral Act 2022 and the party’s constitution.

The judge further held that even though the Independent National Electoral Commission (INEC) filed a memorandum of appearance in the suit, it was unfortunate that the commission did not file any process in the case.

Although the court granted the reliefs sought by the plaintiffs, no consequential order was expressly made nullifying the primary election.

WHAT THE JUDGE SAID

“There is no doubt that the second defendant (the PDP) neither complied with the relevant provision of its constitution nor the electoral guidelines for primary elections of 22nd February 2024,” Ekwo said.

“It is the law that political parties must obey their constitution, guidelines, and regulations.

“The failure to comply with the electoral guidelines is not different from the effect of non-compliance with the constitution of the political party or non-compliance with the provisions of the Electoral Act 2022.

“The decision of the second defendant not to include the plaintiffs in the governorship primaries for which they were elected at the ward congress, was arbitrarily done.

“Ward congresses are to be held in accordance with the law, the party’s constitution, and electoral guidelines.

“After being held, they cannot be cancelled save in the manner provided in the Electoral Act 2022, party’s constitution, and electoral guidelines.

“I find that the second defendant did not comply with the provision of Section 82 of the Electoral Act 2022, Article 50 (3) of the constitution of the second defendant (as amended in 2017), and Article 1(b)(i) of Part I (page 5) and Article 4 (xii) of Part II (page 9) of the electoral guidelines for Primary Elections of 22nd February 2024.

“Consequently, I find that the case of the plaintiffs succeeds on the merit upon a preponderance of evidence as required by law.

“I enter judgment on the terms as follows:

“A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the constitution of the second defendant (as amended in 2017), the plaintiffs, together with the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, are the lawfully elected ward congress delegates in their respective wards and by virtue of which the defendants cannot exclude them from participating as 3 ad-hoc ward delegates at the governorship primary election of Edo state slated for the 22nd of February, 2024 or any other date.

“An order is hereby made directing the defendants, who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50(3) of the second defendant’s constitution (as amended In 2017) to abide by the outcome of the 3 ad-hoc delegates ward congress of February 4, 2024, at which the plaintiffs and the other 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L were elected and to allow the plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.

“An order of mandatory injunction is hereby made restraining the first, second, and third defendants from unlawfully excluding the plaintiffs and the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, from participating as 3 ad-hoc ward delegates in the governorship election primaries of the second defendant slated for the 22nd of February, 2024 or any other date.

“This is the order of this court.” 

Three aggrieved ad hoc delegates had filed the suit marked FHC/ABJ/CS/165/2024 on behalf of the 378 other delegates.

The plaintiffs are Kelvin Mohammed, Gabriel Okoduwa and Ederaho Osagie, on behalf of the 378 others in 12 LGAs and 127 wards.

INEC, the PDP, its national secretary and the vice chairman of the south-south, were joined as 1st to 4th defendants in the suit.

The 381 delegates are those loyal to Philip Shaibu, the impeached deputy governor of the state.

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 contained names from Delta state and those of officials of the Edo state government.

Nine of the 11 PDP governorship aspirants, including 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.

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

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

Shaibu has since been expelled by the Edo state chapter of the PDP.

The Edo governorship election has been slated for September 21, 2024.

Editor’s note: This story has been modified to reflect that the judge did not make a consequential order on the Edo PDP governorship primary, even though the exclusion of delegates was faulted.