In a move to safeguard its political standing in Edo State, the Peoples Democratic Party (PDP) has formally challenged the Federal High Court's decision to nullify its February 22 governorship primary. The primary had resulted in Asue Ighodalo being chosen as the party's flag-bearer for the upcoming September 21 governorship election. The appeal, lodged on Wednesday at the Court of Appeal in Abuja, is based on 25 grounds aimed at overturning the earlier judgment delivered by Justice Inyang Ekwo on July 4, 2024.
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| Asue Ighodalo |
Background of the Case
The
PDP's internal conflict in Edo State has been a significant issue since the
February 22, 2024, governorship primary. Justice Inyang Ekwo’s ruling declared
the primary invalid, citing the party's failure to adhere to its constitution
and electoral guidelines. Specifically, the exclusion of 378 elected ward
delegates from participating in the primary was deemed a violation of Article
50(3) of the PDP constitution. This exclusion, the judge noted, was tantamount
to non-compliance with the party's constitution and the Electoral Act 2022.
Justice
Ekwo emphasized the legal requirement for political parties to follow their
constitutions, guidelines, and regulations. He stated, “The failure to comply
with the electoral guidelines is not different from the effect of
non-compliance with the constitution of the political party or non-compliance
with the provisions of the Electoral Act 2022.” The judgment further
highlighted that the exclusion of the ward delegates was “arbitrarily wrong” and
ordered the inclusion of these delegates in future primaries.
Details of the Appeal
In
response to the judgment, the PDP filed an appeal marked CA/ABJ/CV/2024 through
their lawyer, Adeyemi Ajibade (SAN). The appeal, dated July 9, argues that the
trial court's decision was against the weight of evidence presented. The PDP’s
appeal lists Kelvin Mohammed, Gabriel Okoduwa, Ederaho Osagie (representing the
378 ad hoc delegates), the Independent National Electoral Commission (INEC),
the National Secretary of the PDP, and the Vice Chairman, PDP South-South, as
the first to sixth respondents, respectively.
The
PDP contends that the lower court erred in law by granting reliefs 2, 3, and 4
sought by the respondents. The party maintains that there was no factual basis
for the trial court's decision, asserting that the three-man ad hoc ward
congress conducted on February 4 did not include the first to third respondents
as elected delegates. Consequently, the party argues that Ighodalo was duly
elected by legitimate ad hoc delegates in accordance with its procedures.
The Grounds of Appeal
The
appeal outlines several key points of contention. Firstly, the PDP challenges
the trial court's interpretation of its adherence to the party's constitution
and electoral guidelines. The party argues that its internal processes and the
conduct of the ward congresses were in line with established procedures. It
further asserts that the exclusion of the 378 delegates was not arbitrary but
based on legitimate grounds that were overlooked by the lower court.
Additionally,
the PDP argues that the trial court's order for mandatory inclusion of the
excluded delegates undermines the party's autonomy and internal democratic
processes. The appeal seeks to protect the integrity of the party's decision-making
mechanisms and prevent judicial overreach into its internal affairs.
Implications of the Appeal
The
outcome of the appeal will have significant implications for the PDP’s
electoral strategy in Edo State. A favourable ruling could reaffirm Ighodalo's
candidacy and consolidate the party's position ahead of the September 21
governorship election. Conversely, an unfavourable decision could exacerbate
internal conflicts and weaken the party's electoral prospects.
The
appeal also highlights broader issues of internal democracy within political
parties in Nigeria. The PDP's legal battle underscores the challenges parties
face in balancing internal processes with adherence to legal and constitutional
standards. The case raises questions about the extent to which courts can
intervene in party affairs and the implications of such interventions for
political stability and party cohesion.
Statements from Key Stakeholders
The
PDP’s National Publicity Secretary, Debo Ologunagba, issued a statement
expressing confidence in the appellate court's ability to deliver a fair
judgment. He emphasized the party's commitment to upholding democratic
principles and ensuring that its internal processes are transparent and
inclusive. Ologunagba also reiterated the party's support for Ighodalo,
describing him as the legitimate candidate chosen through a democratic process.
“The
PDP stands firm in its belief that the appeal will restore justice and uphold
the integrity of our primary election. We urge all party members and supporters
to remain steadfast and committed to the democratic process,” Ologunagba
stated.
On
the other hand, representatives of the excluded delegates have expressed hope
that the appellate court will uphold the lower court's judgment. They argue
that their exclusion from the primary was unjust and that their participation
is crucial for the legitimacy of the party's candidate. Their lawyer, who chose
to remain anonymous, stated, “The judgment of the Federal High Court was a
victory for democracy and internal party democracy. We believe the Court of
Appeal will affirm this decision and ensure that our clients' rights are
protected.”
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Broader Political Context
The
legal tussle within the PDP comes at a critical time for the party, which is
gearing up for the 2024 governorship elections in several states. The party's
ability to resolve internal disputes and present a united front will be crucial
for its success at the polls. The outcome of the appeal will not only impact
the PDP’s prospects in Edo State but also set a precedent for how internal
party disputes are handled in the future.
The
case also sheds light on the broader challenges facing Nigeria’s political
system, where internal party democracy often clashes with external legal and
constitutional frameworks. As political parties navigate these complexities,
the role of the judiciary in adjudicating internal disputes will continue to be
a focal point of debate.
Conclusion
The
PDP’s appeal against the judgment nullifying its Edo State governorship primary
is a pivotal moment for the party and its electoral strategy. As the legal
process unfolds, the party will need to balance its internal dynamics with the
broader goal of maintaining electoral viability. The Court of Appeal’s decision
will not only determine the immediate future of the PDP's candidacy in Edo
State but also influence the broader landscape of internal party democracy in
Nigeria.
In
the meantime, the PDP leadership urges all members to remain united and focused
on the upcoming election, emphasizing the importance of solidarity and
collective effort in achieving electoral success. As the political landscape
continues to evolve, the PDP’s legal and strategic manoeuvres will be closely
watched by political analysts, party members, and the electorate alike. #pdp #Edopolitics
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