The appellate court concluded that the issues raised in the suit were related to the internal processes of the PDP concerning the nomination of its candidate, classifying them as pre-primary issues.
Abuja, Nigeria – The Court of Appeal in Abuja has overturned a previous judgment by the Federal High Court that had invalidated the governorship primary of the Peoples Democratic Party (PDP) in Edo State.
The primary had selected Asue Ighodalo as the PDP’s candidate for the upcoming election on September 21.
In a unanimous decision, a three-member panel of the appellate court ruled in favor of the PDP’s appeal, identified as CA/ABJ/CV/763/24. This appeal was filed in response to the July 4 ruling by Justice Inyang Ekwo of the Federal High Court, which had criticized the conduct of the party’s primary.
The Court of Appeal determined that the Federal High Court lacked the jurisdiction to hear the case brought by Hon. Kelvin Mohammed and two others.
These individuals, who claimed to represent 378 ad-hoc ward delegates elected on February 4, alleged they were unlawfully excluded from the PDP’s primary process.
The appellate court concluded that the issues raised in the suit were related to the internal processes of the PDP concerning the nomination of its candidate, classifying them as pre-primary issues.
Therefore, the Federal High Court should not have entertained the lawsuit. Additionally, the court found that Mohammed and the other plaintiffs lacked the legal standing to approach the court since they neither participated in the primary as aspirants nor intended 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 of Appeal stated.
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