Justice Ekwo on 4th of July, 2024 voided the the PDP primary 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 case was brought forward by Kelvin Mohammed in a representative capacity.
Justice Ekwo found that both the Electoral Act 2022 and the PDP’s guidelines were breached during the primary election held at the Samuel Ogbemudia Stadium in Benin City, Edo State.
He criticized the PDP’s evidence, stating that Exhibit PDP 1 presented by the party was insufficient.
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Justice Ekwo concluded that the plaintiffs, using their submitted exhibits, successfully proved their case against the defendants.
The judge observed that the returning officers responsible for preparing the result sheets appeared to have merely fabricated the election results, rather than conducting a legitimate count.
He ruled that the exclusion of the 381 delegates, including the plaintiffs, violated legal provisions.
Additionally, Justice Ekwo noted that although the Independent National Electoral Commission (INEC) filed a memorandum of appearance in the case, it failed to submit any substantive documentation.
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The court was informed that INEC’s counsel would adhere to the court’s decision.
“I found that the case of the plaintiffs succeeds on merit,” he had said.
The three aggrieved ad-hoc delegates, representing the interests of the 378 other delegates, had filed a lawsuit against INEC, the PDP, its national secretary, and the vice chairman for the South-South region, listed as the 1st to 4th defendants respectively.
In their suit, the plaintiffs sought two main orders.
The first was to prevent the defendants or their agents from proceeding with their actions, and to require them to explain why the plaintiffs’ reliefs should not be granted.
These reliefs pertained to the alleged exclusion of the plaintiffs and the 378 other delegates from participating in the February 22 primaries in Edo State.
The plaintiffs, including Kelvin Mohammed, Gabriel Okoduwa, and Ederaho Osagie, who represented delegates from 12 local government areas and 127 wards, argued that granting their reliefs was essential for justice.
The 381 delegates involved are aligned with the Deputy Governor, Philip Shaibu, who is currently facing political challenges.
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Meanwhile, today 26th of August, the Court of Appeal in Abuja has reversed Justice Ekwo’s ruling that mandated the People’s Democratic Party (PDP) to include 381 ad-hoc delegates in its February 22 primary election in Edo State.
A three-judge panel of the appellate court overturned Justice Inyang Ekwo’s July 4, 2024, ruling, citing that the trial court lacked jurisdiction to hear the delegates’ case and that the plaintiffs did not have the legal standing to file the suit.
In a unanimous decision, the court stated that it could not intervene in the PDP’s candidate selection process for the September 21 governorship election in Edo State.
