The Court of Appeal, sitting in Abuja on Monday, set aside a judgment delivered by Justice Inyang Ekwo of a Federal High Court that ordered the Peoples Democratic Party to allow the participation of the excluded 378 ad-hoc delegates in its primary election.
While delivering judgment in a suit brought before the lower court by the aggrieved 378 ad-hoc delegates, Justice Ekwo held that the exclusion of the plaintiffs in the February 22 Edo State PDP primary election for the selection of its candidate in the forthcoming governorship election in the state was against the party’s constitution and ordered their inclusion in the primary election.
However, a three-man panel of the appellate court set aside Justice Ekwo’s judgment of July 4, 2024, on the grounds that the trial court lacked jurisdiction to entertain the suit of the aggrieved delegates in the first place.
The panel held that the plaintiffs who instituted the suit lacked the necessary legal rights to initiate the suit since they were not aspirants seeking political office.
“It is only an aspirant that can challenge the primary election of a political party,” the panel declared.
The Court of Appeal, in agreement with the submission of PDP, who had appealed the judgment of the lower court in a 25-ground appeal, argued that the issue of primary is an internal matter within the political party and, as such, outside the jurisdiction of any court, declared that a primary election is an internal affair of any political party; hence the grievances of the plaintiffs cannot be entertained by any court, as they are not contesting political office but selected to only participate in the selection of a candidate for the party.
The PUNCH
