Edo 2024: PDP Appeals Judgement Nullifying Gov Primary
The judgment of the Federal High Court that invalidated the primaries that produced Asue Ighodalo as the gubernatorial candidate of the Peoples Democratic Party in the forthcoming 2024 governorship election in Edo State has been appealed by the party.
PDP who approached the Court of Appeal, Abuja division, in an appeal hinged on 25 grounds, asked the appellate court to set aside the judgment of the lower court delivered on July 4, 2024.
Osun Defender reports that Justice Inyang Ekwo of the Federal High Court, Abuja, declared the PDP primary election held on February 22 in Edo State as invalid.
The PDP, according to Justice Ekwo did not comply with the relevant provisions of its constitution or the electoral guidelines for primary elections when it excluded 378 elected ward delegates from participating in the primary election.
The trial judge held that this act itself is against the provision of Article 50(3) of the party’s constitution.
But PDP, in the appeal dated July 9, marked CA/ABJ/CV/2024 and filed through their lawyer Adeyemi Ajibade (SAN), argued that the decision of the trial court is against the weight of evidence.
READ: Court Nullifies Edo PDP Primary
The respondents in the appeal are Kelvin Mohammed, Gabriel Okoduwa, Ederaho Osagie (for themselves and on behalf of the 378 ad-hoc delegates), Independent National Electoral Commission, The National Secretary of the PDP, and The Vice Chairman, PDP South-South, as 1st to 6th respondents respectively.
The appellant said, “The lower court erred in law when it granted reliefs 2, 3, and 4 sought by the 1st to 3rd respondents”.
The political party further contended that there was no basis for the trial court to have arrived at its decision.
The appellant said that on February 4, it conducted a three-man ad-hoc ward congress across the 18 local governments in Edo State, and the 1st to 3rd respondents did not participate and were not among the persons who emerged as elected delegates.
The party said its candidate (Asue Ighodalo) was duly elected by the ad-hoc delegates who participated in its primary election.
PDP also said the court misapprehended their case as the lower court wrongly evaluated their evidence.
It argued that “The lower court judgment is unsupported in law.”
It contended that they did not breach any of the applicable laws and “the respondents’ relief two, being declaratory, ought to have been supported by cogent and compelling evidence.”
On these grounds, they sought the following reliefs: “An order allowing the appeal, an order setting aside the judgment of the lower court, and an order striking out or dismissing the entire suit for want of jurisdiction.”
