The Court of Appeal in Abuja has overturned the July 4 judgment of the Federal High Court, which had previously cast doubt on the conduct of the Peoples Democratic Party (PDP) governorship primary in Edo State. The primary, which resulted in the selection of Asue Ighodalo as the PDP’s candidate for the upcoming September 21 election, was initially challenged by a group of party members who claimed they were unlawfully excluded from the process.
In a unanimous decision delivered today, a three-member panel of the appellate court upheld the appeal filed by the PDP, marked CA/ABJ/CV/763/24, thereby setting aside the earlier judgment issued by Justice Inyang Ekwo of the Federal High Court in Abuja.
The Court of Appeal ruled that the Federal High Court lacked the jurisdiction to hear and determine the case brought by Hon. Kelvin Mohammed and two others, who asserted that they were representing 378 ad-hoc ward delegates elected on February 4. These delegates alleged that they were unlawfully excluded from participating in the PDP’s governorship primary.
The appellate court’s judgment emphasized that the issues raised in the suit were pre-primary matters, which fall within the internal affairs of the PDP. These matters, the court noted, pertain to the nomination of the party’s candidate and are therefore beyond the purview of the Federal High Court. According to the Court of Appeal, such internal party matters are not subject to judicial intervention unless they violate specific statutory or constitutional provisions.
Moreover, the court held that Mohammed and the other plaintiffs lacked the legal standing (locus standi) to bring the case before the Federal High Court. The appellate court pointed out that since the plaintiffs were not aspirants who participated in the primary with the intention of contesting for any political office, they had no legitimate grounds to challenge the outcome of the party’s nomination process.
This ruling by the Court of Appeal has significant implications for the forthcoming gubernatorial election in Edo State. By affirming Asue Ighodalo as the legitimate PDP candidate, the court has effectively removed any legal obstacles that could have jeopardized his candidacy.
