Court Overturns Decision to Allow 381 Delegates in Edo PDP Primary Election

In a significant development, the Court of Appeal in Abuja has overturned a previous judgement that ordered the People’s Democratic Party (PDP) to allow 381 ad-hoc delegates to participate in its February 22 primary election in Edo State. The primary election had produced Asue Ighodalo as the party’s candidate for the September 21, 2024 governorship election in the state.

The three-man panel of the appellate court set aside the judgement of Justice Inyang Ekwo, delivered on July 4, 2024, on the grounds that the trial court lacked jurisdiction to entertain the suit of the aggrieved delegates in the first place. The court held that it cannot interfere with how the PDP selects its candidate for the September 21 governorship election in Edo State.

In a similar suit filed by eight other delegates, the Court of Appeal held that a political party is like a club and members who join such parties must abide by the rules. The court further held that candidates who did not participate in an election lack the locus to challenge the outcome of the election, and as such, ad-hoc delegates lack the locus to challenge the outcome of the PDP primary election in Edo State.

Justice Ekwo of the Federal High Court in Abuja had earlier voided the PDP governorship election in Edo State on the ground that 378 delegates who were supposed to vote at the primary election were unlawfully excluded by the party. The suit was instituted by one Kelvin Mohammed in a representative capacity.

The 381 delegates, who are loyal to the embattled Deputy Governor, Philip Shaibu, had sought an order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted. The plaintiffs had averred that it would be in the interest of justice for their reliefs to be granted.

The Court of Appeal’s decision is a significant blow to the embattled Deputy Governor, Philip Shaibu, who had been seeking to participate in the PDP primary election. The decision is also a victory for the PDP, which had been seeking to maintain its internal party processes and rules.

The case highlights the complexities of internal party politics and the importance of respecting the rules and processes of political parties. It also underscores the need for political parties to ensure that their internal processes are fair and transparent to avoid disputes and controversies.