Edo Guber: Disquiet as court nullifies PDP’s primary, voids Ighodalo’s candidacy

THE Edo State political firmament was astir, yesterday, as a Federal High Court sitting in Abuja, nullified the governorship primaries of the Peoples Democratic Party, PDP, which produced Dr Asue Ighodalo as its candidate for the September 21 election in the state.

The court, in the judgment delivered by Justice Inyang Ekwo, held that the PDP primaries conducted on February 22, failed to meet the requirements of the Electoral Act 2022, guidelines for the conduct of the poll, as well as party’s constitution.

The verdict elicited mixed reactions in the polity. The Edo PDP Chairman, Dr. Tony Aziegbemi, the party’s campaign organization in the state downplayed the judgment saying that Ighodalo had not been removed as their flagbearer.

However, immediate past Edo State Deputy Governor, Philip Shaibu, who kicked against the primaries and challenged its outcome in court, said he has been vindicated. Shaibu emerged winner of parallel PDP primaries but went to court when the party submitted Ighodalo’s name as its standard bearer.

Like Shaibu, the opposition All Progressives Congress, APC, was in a celebratory mood as its Governorship Candidate, Senator Monday Okpebholo, counselled Ighodalo to withdraw from the contest immediately. Also APC campaign council taunted the PDP flagbearer and asked him to join the APC campaign.

Why court sacked Ighodalo

Justice Ekwo held that the evidence adduced before the court established that Ighodalo did not emerge through a valid process.

He held that the exhibit presented by the PDP showed that the returning officers that prepared the result sheets merely sat at a place to manufacture the outcome of the exercise.

The court said there was no evidence that the necessary delegates took part in the primaries, stressing that the party failed to prove that the plaintiffs were not qualified to participate in the exercise.

According to the court, PDP’s failure to abide by the provisions of the relevant electoral laws and guidelines rendered as a nullity, the outcome of the said primaries it held at the Samuel Ogbemudia Stadium, Benin.

It dismissed PDP’s contention that the case was non-justiciable as the choice of delegates for the election was purely an internal affair of a political party, which no court has the jurisdiction to meddle into.

The judgment followed a suit brought before the court by three aggrieved plaintiffs, on behalf of 378 other ad-hoc delegates that ought to have participated in the primaries.

Cited as1st to 4th defendants in the suit marked: FHC/ABJ/CS/165/2024, were the Independent National Electoral Commission, INEC, the PDP, its National Secretary and its Vice Chairman, South-South.

Justice Ekwo, while deciding the matter in favour of the plaintiffs, noted that INEC failed to file any process in the matter, saying it would abide by the judgment of the court.

Specifically, the plaintiffs, who were said to be loyal to the impeached former deputy governor of the state, Philip Shaibu, had in the suit they filed on February 8, prayed the court to stop the defendants from excluding them from participating in the primaries.

Led by Kelvin Mohammed, Mr Gabriel Okoduwa and Mr Ederaho Osagie, the plaintiffs told the court that they were the authentic ad-hoc delegates from 12 local government areas and 127 wards in the state.

Ruling hasn’t changed Ighodalo as PDP candidate — Aziegbemi

Speaking on the verdict, Edo State PDP Chairman, Dr. Tony Aziegbemi said the court ruling has not removed Ighodalo as the governorship candidate of the party contrary to what is being peddled.
In a statement, Aziegbemi said the misinformation about the removal of the PDP candidate was to deceive the party’s teeming members.

His words: “The PDP is aware that certain elements who are scared of the soaring popularity of our candidate Dr Asue Ighodalo are going about peddling rumors that the candidature of Ighodalo has been nullified.

“Let it be on record that the candidature of Dr Asue Ighodalo as the flag bearer of the party for the 2024 elections remains intact and that the judgment of the Federal High court in Abuja did not in any way affect the candidature of Dr Asue Ighodalo. We urge our teaming loyal supporters to remain calm and resolute as there is no cause for alarm.”

Ighodalo/Ogie ticket intact —PDP campaign org

In like manner, the Edo State PDP Campaign Organisation said the ruling did not invalidate the outcome of the party’s primaries that produced Ighodalo and his running mate, Osarodion Ogie.

Describing the judgment as “a strange development and contrary to a long line of Appellate Courts’ decisions on the subject,” the campaign body in a statement urged PDP members and supporters “to remain calm and ignore the antics of mischief makers as the falsity of their assertion will be made clear in the fullness of time and upon release of the actual judgment for public consumption.”

It said: “Today, July 4, 2024, the Federal High Court in Abuja presided over by Hon. Justice Inyang Ekwo entered a judgment in Suit No. FHC/ABJ/CS/165 of 2024 (Hon. Kelvin Mohammed & 2 ORS Vs INEC & 3 Ors), which was filed by some disgruntled persons who claimed that they were authentic delegates wrongly excluded from participating in the choice of the Peoples Democratic Party flag bearer in the forthcoming gubernatorial elections in Edo State.

“In a strange development and contrary to a long line of Appellate Courts’ decisions on the subject, the Hon. Justice held that the issue of ward congresses and choice of the delegates, is a justiciable matter which the court is entitled to look into.”

“It must be noted that the Edo State PDP and the specific court involved in this matter have a history on exactly this same point in which the Appellate Court had cause to set aside similar decisions of that same court and to restate the law that ward congresses and the choice of delegates are purely internal affairs of political parties outside the jurisdiction of any court.

“We are confident that this new decision will not survive the test of appeal and all necessary steps in that regard are already being actively pursued.

“Furthermore, it must be noted that the claim in question and the judgment which arose therefrom did not in any shape or form invalidate or even challenge the outcome of the party primaries, which produced the candidate of the PDP for the forthcoming elections.

“The net result therefore is that contrary to the stories making the rounds, spread by mischief makers, the PDP primaries held on February 22, 2024, were not set aside and neither was any order given affecting the outcome of the same.”

I’ve been vindicated — Shaibu

However, Philip Shaibu said the decision of the court vindicated his earlier statement that the PDP did not conduct a proper primary election.

He told Vanguard on phone: “I said it from day one that I have the authentic delegates and they voted for me on the day of the primary. I said that what happened that day at the Samuel Ogbemudia Stadium was like a birthday party or a wedding reception because the real people that were supposed to vote were not there but with the court now I have been vindicated.

“I have been vindicated and I salute the judiciary. This victory is for Edo people, it is for democracy and by the grace of God, we will take our state back from outsiders.”

APC Campaign Council reacts

Also, in a statement by the Director, Publicity Committee of the APC Governorship Campaign Council, Orobosa Omo-Ojo said the decision of the court was to avoid imposition of an unpopular person on Edo people.

“The news of the disqualification of Mr. Asue Ighodalo as the Peoples Democratic Party candidate has been received by Edo people as relief from imposition of forgery and continuation of self-serving governance in our state.

“APC, as a progressive party, is calling on Mr. Ighodalo to join hands with Senator Okpebholo to retake the state and reset it for prosperity.

“What is more important at this point is the interest of Edo people who are eagerly waiting for solutions that will ensure food security, accessible and affordable healthcare, and a thriving economy,” it said.

Withdraw now, Okpebholo counsels Ighodalo

On his part, the APC Candidate, Senator Okpebholo, in a statement said the PDP is a lawless political party, incapable of conducting its own internal affairs.

He said the court judgment is a clear indication that the APC is the party to beat in the upcoming governorship polls, assuring that the people will always come first.

Okpebholo called on the PDP candidate, Ighodalo, to take the path of honour and withdraw from the race, having been misled by Governor Godwin Obaseki.

The APC candidate said alleged bad policies of the PDP in Edo State, the level of insecurity, unemployment, cultism, perennial floods, bad roads and disregard for traditional institutions, are clear pointers to the disastrous end that awaits the party in the upcoming polls.

“I welcome the Court judgment given on Thursday by a Federal High Court in Abuja. The Court has saved Edo people from another four years of pains and agonies. The PDP is not a democratic party. It operates like a Mafia Organization.

“What they call primaries were a far cry. The party, with just two months to a crucial election, is unable to put its house in order. We call on Edo people to rally round me and my party, the APC, to bring back the lost glory of the state.

PDP has never had it so bad — Orbih

The Vice Chairman, South-South of the PDP, Chief Dan Orbih described the ruling of the court as a way to deepen internal democracy in political parties, lamenting that the PDP has never had it so bad

He said: “There is a need for internal democracy in all the parties so that people can have faith in the process that will throw up the candidates at the end of the day. They should also adhere to the guidelines and the constitution.

“It is quite unfortunate that this is happening at a time when Governor Obaseki and a handful of his supporters said they are expelling me from the PDP. I led the party for 12 years as chairman and people never had any cause to go to court to challenge the outcome of our primaries. This is the first time that primaries are conducted and people are going to court..”