Senior Advocate of Nigeria (SAN) Wahab Shittu has asserted that Section 84, Subsection 14 of the Electoral Act directly addresses the ongoing Edo State PDP primary case. He argues that this specific provision clearly states that only an aspirant, not a delegate, has the legal standing to challenge the outcome of a primary election.
In an interview with Channels TV, Shittu explained, "If you look at Section 84, Subsection 14 of the Electoral Act, it is clear enough to explain this Edo State case. The outcome of a primary can only be challenged by the aspirant and not the delegates."
To support his interpretation, Shittu referred to the case of Osagie versus Enogama, which was decided by the Supreme Court in 2022. He emphasized that the Supreme Court's ruling in this case established that delegates do not have the locus standi (legal standing) to contest the results of a primary election.
Shittu stated, "If you look at the case of Osagie versus Enogama, the case was decided by the Supreme Court in 2022. What the Apex Court decided is that delegates do not have the locus standi to challenge the outcome of a primary."
The Senior Advocate's comments come amidst the ongoing legal dispute surrounding the Edo State PDP primary election. The Federal High Court had previously delivered a judgment on the matter, but Shittu questioned whether this judgment would stand when the case reaches the Supreme Court.
He expressed his doubts, saying, "So whether the judgment pronounced by the Federal High Court can stand remains to be seen when it gets to the Supreme Court."