Court of Appeal overturns ruling on Edo PDP governorship primary, affirms Ighodalo’s candidacy

In a significant legal development, the Court of Appeal in Abuja has overturned the July 4 judgment of the Federal High Court, which had questioned the legitimacy of the Peoples Democratic Party (PDP) governorship primary in Edo State.

This primary had produced Asue Ighodalo as the party’s candidate for the upcoming September 21 election.

The appellate court, in a unanimous decision by a three-member panel, ruled in favor of the PDP’s appeal (marked: CA/ABJ/CV/763/24), setting aside the earlier judgment by Justice Inyang Ekwo of the Federal High Court, Abuja.

The Court of Appeal determined that the Federal High Court lacked the jurisdiction to hear and decide on the suit brought by Hon. Kelvin Mohammed and two others, who claimed to represent the 378 ad-hoc ward delegates allegedly excluded from the primary.

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The appellate court clarified that the issues raised in the suit were pre-primary matters, falling within the internal affairs of the PDP, specifically related to the nomination of its candidate.

As such, the Federal High Court should not have entertained the case. Furthermore, the court held that Mohammed and the other plaintiffs lacked the legal standing to bring the case, as they were not aspirants in the primary with intentions to contest 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 of Appeal declared.

This ruling reaffirms Asue Ighodalo’s position as the PDP’s candidate for the forthcoming Edo State gubernatorial election, providing clarity and stability to the party’s preparations. Meanwhile, the Court of Appeal is expected to deliver a judgment on a related appeal by the PDP shortly.