The Court of Appeal in Abuja has upheld the People Democratic Party (PDP) gubernatorial primary in Edo State which selected Asue Ighodalo as the party’s candidate for the upcoming Sept. 21 election.
The Appeal Court overturned the July 4 judgment of the Federal High Court in Abuja, which criticized the conduct of the PDP primaries.
In a unanimous decision, a three-member panel of the appellate court granted the appeal, referenced as CA/ABJ/CV/763/24, filed by the PDP against the July 4 ruling by Justice Inyang Ekwo of the Federal High Court.
The Court of Appeal determined that the Federal High Court lacked jurisdiction to hear and decide the case brought by Hon. Kelvin Mohammed and two others, who claimed to represent the 378 ad-hoc ward delegates elected on Feb. 4 and who allegedly were unlawfully excluded from the PDP’s governorship primary.
The court further concluded that the matter raised in the suit was a pre-primary issue related to the internal processes of the PDP concerning the nomination of its candidate, which meant that the Federal High Court should not have entertained the lawsuit.
Additionally, it found that Mohammed and the other plaintiffs lacked the legal standing to approach the court since they were not aspirants who participated in the primary and did not intend to contest for any political office.
“The lower court has no jurisdiction to interfere with how the PDP conducts its internal affairs. The appeal succeeds. The judgment of the Federal High Court delivered on July 4, 2024, is set aside for lack of jurisdiction,” the court stated.
The court is currently delivering judgment on a second appeal by the PDP regarding related issues.
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