According to PUNCH, Justice Inyang Ekwo of the Federal High Court in Abuja has declared the Peoples Democratic Party’s (PDP) governorship primary election held on February 22, 2024, invalid. The decision voids the election of Asue Ighodalo as the PDP's governorship candidate for Edo State.
Justice Ekwo's ruling came in response to a lawsuit filed by aggrieved delegates, including Kelvin Mohammed, on behalf of others. The suit, marked FHC/ABJ/CS/165/2024, challenged the exclusion of 378 delegates from the primary election, which was conducted at Samuel Ogbemudia Stadium in Benin.
The court found significant violations of the Electoral Act 2022, PDP guidelines, and the party’s constitution during the primary election. Justice Ekwo highlighted that the PDP's evidence (Exhibit 1) was insufficient and lacked the necessary proof, suggesting that the returning officers manipulated the result sheets. The judge concluded that the plaintiffs had successfully proven their case against the defendants.
Regarding the Independent National Electoral Commission (INEC), the first defendant, Justice Ekwo noted that while INEC filed a memorandum of appearance, it did not submit any further processes in the case. INEC’s counsel stated they would abide by the court’s decision, aligning with the plaintiffs' arguments.
The plaintiffs, who include Kelvin Mohammed, Gabriel Okoduwa, and Ederaho Osagie, represented delegates from 12 local government areas and 127 wards. They sought judicial intervention to prevent their exclusion from the primary election. Their suit, dated February 7 and filed on February 8, requested the court to mandate the defendants to show cause why the reliefs sought should not be granted, emphasizing the unlawfulness of excluding the 378 delegates from the election process.
Justice Ekwo concluded, "I find that the plaintiffs’ case succeeds on its merits," thereby nullifying the results of the February 22 primary election.