The Court of Appeal Abuja has upturned the judgement of the Federal High Court which ordered the Peoples Democratic Party, PDP to allow the participation of 381 ad-hoc delegates in the February 22 primary election that produced Asue Ighodalo as the candidate of the party for the September 21, 2024 Governorship election in Edo State, South-South Nigeria.
The Appellate court in a unanimous decision held that the Delegates who sort participation in the PDP primaries lacked the locus to initiate suit against the process.
Citing section 84 subsection 14 of the Electoral Act 2022, the Appellate court noted that it is only aspirants that can challenge a primary election process, adding that the Adhoc delegates are not aspirants and therefore cannot sue.
The court held that the trial court lacked jurisdiction to entertain the suit of the aggrieved delegates in the first place, having lacked the necessary legal rights to initiate the suit.
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The Appellate court therefore affirmed the February 22, 2024 process that produced Ighodalo as the PDP candidate in the forthcoming elections.
The Federal High Court had on July 4, made an order, among others, restraining the PDP from unlawfully excluding 381 delegates from participating as 3 Ad-Hoc Ward Delegates in the Governorship election primaries of the party held on February 22, 2024.
(Editor: Terverr Tyav)
