13th March, 2024
By Jethro Ibileke
The Peoples Democratic Party (PDP) in Edo is getting enmeshed in more crisis over who is the party’s rightful candidate for the 21 September, 2024 governorship election in the State.
Just as the declared candidate, Barr. Asue Ighodalo is having a tough time deciding on who he will take as his running mate, two aspirants in the 22 February primary election have dragged him to court over his emergence as the flag bearer of PDP for the poll.
The plaintiffs, the embattled state Deputy Governor, Philip Shaibu and Barr. Anselm Ojezua, in separate suits field at the Federal High Court, Abuja, are both praying the court for an order of injunction restraining Ighodolo from parading himself as the duly nominated governorship candidate of PDP for the governorship election.
Other defendants are: Independent National electoral commission (INEC) and the Peoples Democratic Party (PDP).
The duo in their originating summons, averred that Ighodalo emerged from an invalid and unlawful Governorship Primary Election conducted contrary to the provisions of the PDP Constitution and the Electoral Act.
Philip Shaibu in his suit, is seeking an order of the court nullifying the 2nd Defendant’s purported Edo State Governorship primary election which took place at Samuel Ogbemudia Stadium Benin-City on 22nd February, 2024 where the 4th Defendant purportedly emerged as the Governorship Candidate of the 2nd Defendant.
The Deputy Governor in a suit no FHC/ABJ/CS/308/2024, through his Counsel, Doyin Awoyale, SAN, is also seeking an order of the Court directing the 2nd Defendant to withdraw forthwith the Certificate of Return issued to the 4th Defendant having emerged from an invalid and unlawful Governorship Primary Election conducted contrary to the provisions of the 2nd Defendant’s Constitution and the Electoral Act.
He therefore further seek an order of injunction restraining the 4th Defendant from parading himself as the duly nominated Governorship candidate of the 2nd Defendant in the forthcoming Edo State Governorship Election scheduled for the 21st of September 2024.
The originating summons reads: “AN ORDER of injunction restraining the 1st Defendant from accepting and/or recognizing the name of the 4th Defendant as the Governorship candidate of the 2nd Defendant in the 2024 Edo State Governorship election scheduled to be conducted by the 1st Defendant on the 21st of September 2024.
“AN ORDER of this Honourable Court restraining the Defendants by themselves and/agents, representatives, organs chapters, etc from tampering with and/or discarding the delegates lists that emerged from the 2nd Defendant’s congresses of 4th February 2024 and 10th February, 2024 conducted by the National Working Committee of the 2nd Defendant.
“AN ORDER of this Honourable Court mandating the 2nd Defendant to conduct a fresh Governorship Primary Election for the Nomination of the Governorship Candidate for the 2nd Defendant in the 2024 Edo
The deputy governor sought for the following reliefs: That A DECLARATION that upon a proper construction of the provisions of Sections 84 (1), (5B) & (13) of the Electoral Act, 2022; Article 15 (2) of the 2nd Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2nd Defendant’s Electoral Guidelines for Governorship Primary Election, it is only Ad Hoc Delegates that emerge from a Special Local Government Area Congress and Special Ward Congresses conducted by the 2nd Defendant National Working Committee (NWC) that are eligible to vote in the Edo State PDP Governorship Primary Election held on the 22nd February, 2024.
“A DECLARATION that upon a proper construction of the provisions of Section 84(1), (5B), (8) and (13) of the Electoral Act 2022; Articles 15(2), 50 (1), (2B) of the 2nd Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2nd Defendant’s Guidelines for Governorship Primary Election, the 2nd Defendant cannot alter, modify, amend, exclude or substitute the list of ad hoc delegates from a Special Local Government Area Congress and Special Ward Congresses conducted by the 2nd Defendant National Working Committee (NWC) who emerged as delegates for the purpose of nominating the Edo State PDP Governorship Candidate in the forthcoming Edo State Governorship Election scheduled for the 21 of September 2024?
“A DECLARATION that upon a proper construction of the provisions of Section 84 (1), (2), (5B) & 13 of the Electoral Act, 2022; Articles 15 (2), 50 (1), (2B) of the 2^{ND} Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2nd Defendant’s Guidelines for Governorship Primary Election, the purported Governorship Primary Election conducted by the 2nd Defendant at Samuel Ogbemudia Stadium Benin-City on the 22nd of February 2024, from where the 4th Defendant purportedly emerged as the Governorship Candidate of the 2nd Defendant, is null and void.
“A DECLARATION that the 1 Defendant is not entitled to accept or recognize the 4th Defendant as the duly nominated governorship candidate of the 2nd Defendant in Edo State for the 21st of September 2024 Governorship Election, having emerged from an invalid, unlawful and illegal primaries conducted contrary to Section 84(1), (5B), (8) and (13) of the Electoral Act 2022; Articles 15(2), 50 (1), (2B) of the 2nd Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2nd Defendant’s Guidelines for Governorship Primary Election.”
Other prayers of the plaintiff include an order of the court mandating PDP to conduct a fresh governorship primary election for the nomination of the governorship candidate for the 21 September, 2024 election.
In his suit numbered FHC/ABJCS/304Q, Ojezua said, his originating summons were brought pursuant to sections 84(13) B(1) and (ii) of the Electoral Act, 2022(As Amended), Independent National Electoral Commission’s Regulations and Guidelines for the conduct of political parties primaries.
Also Article 50(3) of the Constitution of the Peoples Democratic Party (As Amended in 2017), Article 8(M) of the Peoples Democratic Party Guidelines for Governorship Primary Election.
As well as order 3 Rules 6 and 9, Order 56 Rule 1 of the Federal High Court (Civil Procedure) Rules 2019, Sections 12 and 13 (1) of the Federal High Courts Act, CAP F12, Volume 6, Laws of the Federation of Nigeria and the Inherent Powers of the Honorable Court as recognized and preserved under Section 6(6)(A)&(B) 36 of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
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