The Court of Appeal, Abuja Division, has affirmed the nomination of Asue Ighodalo, as the candidate of the Peoples Democratic Party (PDP) in the governorship election billed for September 21 in Edo State.
The court held, in a unanimous judgment yesterday, that the appeal by a governorship aspirant of the party, Anselm Ojezua was without merit.
It resolved the two issues raised for determination by the appellant against him and in favour of the respondents.
Respondents in the appeal, marked:CA/ABJ/CV/775/24 are Ighodalo, the PDP and the Independent National Electoral Commission (INEC).
In the judgment, the court held that Ojezua did not present any evidence before the.court to show that he first exhausted the internal dispute resolution mechanisms of the PDP as required by the party’s Electoral Guidelines and construction, before rushing to court.
It noted that all the correspondences which he co-signed with some other aggrieved aspirants do not qualify for formal complaint or petition to the PDP Gubernatorial Election Appeal Panel, within the contemplation of the Electoral Guidelines and constitution of the party.
Ojezua had, in the appeal, sought to reverse the judgment delivered by Justice Obiora Egwuatu of the Federal High Court, Abuja, which earlier struck out the suit for being premature.
Ojezua had prayed the Federal High Court, in his suit marked: FHC/ABJ/CS/304/2024 to invalidate Ighodalo’s nomination, claiming among others that the primary election process was manipulated.
Justice Peter Obiorah, who authored and read the lead judgment of the Court of Appeal on Monday, affirmed the finding of Justice Egwuatu that Ojezua’s suit was premature and the condition precedent to the exercise of the Federal High Court’s jurisdiction on the suit has not been met.
Although Justice Obiorah faulted Justice Egwuatu for not determining the suit on the merit, he however declined to invoke the power of the court under Section 15 of the Court of Appeal Act to hear and determine the suit on the merit, as prayed by the appellant.
Justice Obiorah held that, having affirmed the finding of the lower court that it lacks jurisdiction, the suit being premature, it was impossible for the Court of Appeal to assume jurisdiction to hear it when the lower court lacked the jurisdiction to hear the suit.
He proceeded to dismiss the appeal and affirmed the June 26, 2024 judgment by Justice Egwuatu.
In four earlier judgments, the Court of Appeal set aside the July 4 judgment by Justice Inyang Ekwo of the Federal High Court, Abuja faulting the conduct of the governorship primary of the PDP in Edo State, which produced Ighodalo as the party’s candidate in the forthcoming election.
The appellate court equally reversed the ruling delivered by Justice Ekwo on the same day in which he held that Hon. Kelvin Mohammed and two others, who claimed to be acting on behalf of the 378 PDP ad-hoc ward delegates elected on February 4, who alleged exclusion from the party’s governorship primary, have the locus standi to sue on the issue.
The two appeals marked: CA/ABJ/CV/763/2024 (by the PDP) and CA/ABJ/CV/765/2024 (by the National Secretary of the PDP) were directed at the July 4 judgment by Justice Ekwo on the suit marked: FHC/ABJ/CS/165/24 filed by Hon. Kelvin Mohammed and two others, who claimed to be acting on behalf of the 378 PDP ad-hoc ward delegates.
The other two appeals, marked: CA/ABJ/CV/764/2024 (by the PDP) and CA/ABJ/CV/766/2024 ( by the National Secretary of the PDP) were against the ruling by Justice Ekwo on the same suit marked: FHC/ABJ/CS/165/24 filed by Hon. Kelvin Mohammed and two others, in which he held that despite nit being aspirants, the plaintiffs possessed the locus standi to challenge the conduct of the PDP primary.
Justice Usman Musale, who authored and read the lead judgments in the four appeals, held that they were all meritorious and proceeded to allow them.
Justice Musale held that the Federal High Court lacked the jurisdiction to have heard and determine the suit brought by Hon Kelvin Mohammed and two others, because the issue raised in the suit was a pre-primary issue, which is within the internal affairs of the PDP and related to the nomination of the party’s candidate.
He also held that Mohammed and the other plaintiffs at the Federal High Court lacked the locus standi to have approached the court, not being aspirants who participated in the primary and have the intention of contesting any political offices.
“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 said.
Justice Musale faulted the injunctive reliefs granted by Justice Ekwo, noting that since the primary was already conducted before the suit’s originating processes were served on the defendants, there was nothing to be restrained by any court’s injunction.
He noted that while the plaintiffs, who claimed to be apprehensive that they would be excluded from the primary election slated for February 22, filed the suit on February 8, they only served the originating summons on the defendants in court on February 28 after the primary had been held.
Justice Musale held the trial court erred in conferring locus on the plaintiffs, who were ad-hoc ward delegates, to challenge the outcome of a party’s primary.
He added that under the nation’s electoral jurisprudence, ad-hoc ward delegates are not clothed with the locus to institute any suit relating to the internal affairs of the party.
The judge added that it is only an aspirant that has the locus to challenge his exclusion from a political process, noting that it is an aspirant, who contested the primary of his party, and participated in all the processes of the primary that could bring an action to challenge the outcome of the exercise.
“Nigerian jurisprudence vests the choice of nomination of candidates exclusively on the political party.
“The first to third respondents, fearing that they could be excluded from participating in the primary that was not yet held, filed the suit on February 8, thereby making the case a pre-primary action, over which no court has jurisdiction.
“Their complaint of the plaintiffs at the lower court fall within the domestic or internal affairs of the party, which issue is not justiciable and not within the jurisdiction of the court.
“The lower court has no jurisdition on how the PDP manages its affairs in Edo State.
“The primary took place before the defendants were served with the originating summons in court on February 28.
“At the time the judgment was delivered, the court had nothing to restrain, because the primary had taken place,” Justice Musale said.
Other members of the panel – Justices Obiorah and Okon Abang – agreed with the lead judgment.
Meanwhile, The Peoples Democratic Party (PDP) has hailed the judgement, saying it is another momentous victory for Democracy and the Rule of Law against the APC which sought to undermine and trample on the will of the people of Edo State as symbolised by Ighodalo.
The national publicity secretary of PDP, Hon Debo Ologunagba, said the Appeal Court judgement again validated the credibility of the PDP nomination process which produced Dr. Asue Ighodalo as its candidate.
“This effectively shut the mouths of purveyors of lies and falsehood in the APC who are confused and frustrated by Dr. Asue Ighodalo’s soaring popularity and acceptance by the people of Edo State including key APC members who are publicly declaring support for the PDP candidate.”
