Major Setback For Obaseki As Court Grants Orbih-led PDP Delegates Recognition
A Federal High Court sitting in Abuja, on Thursday, ordered the Independent National Electoral Commission (INEC) not to recognize or accept any ad-hoc delegate produced by the Governor Godwin Obaseki-led faction of the Peoples Democratic Party (PDP) in Edo State.
The Court presided over by Justice Inyang Ekwo while granting the order based on a suit instituted by 581 delegates elected on April 30, 2022 against the PDP, Dr. Iyorchia Ayu, Senator Samuel Anyanwu, Mr Umar Bature and INEC as 1st to 5th defendants, ruled that it was the ad-hoc delegates produced by Chief Dan Orbih’s faction of the PDP that were the authentic and must be so recognised.
The 581 delegates of the Chief Dan Orbih-led faction of the PDP, instituted the suit marked FHC/Abj/ CS/598/2022 through their five representatives, Mr Monday Osagie, Mr Reuben Ekhosuehi, Mr Adeyanba Osaro, Mrs Magdalene Osawe and Mr Imariabe Oghogho.
In his ruling, the trial Judge further declared that the PDP and other defendants in the suit were bound by Section 84 (5) of the Electoral Act 2022 as well as Section 15 of the PDP Constitution in respect of delegates’ elections.
Justice Ekwo further ruled that the plaintiffs that were validly and legally elected are the authentic ad hoc delegates for Edo chapter of the PDP.
The court specifically ruled that the role of INEC in primary elections, congress and convention monitoring was statutory and constitutional and must therefore be strictly adhered to by all political parties, stressing that going against the election of the plaintiffs would amount to a violation of laws that were not ambiguous.
Justice Ekwo accordingly granted an order of injunction against the 1st to 4th defendants restraining them from tampering with the plaintiffs list having been duly elected in the congress of the party held on April 30.
The Judge also issued an order of perpetual injunctions against the 1st to 4th defendants stopping them from conducting any other Congress with the purpose of replacing the plaintiffs.
The court further issued a mandatory order of injunction against INEC stopping it from recognising or accepting any delegates list other than the one produced by PDP’S congress of April 30 where the plaintiffs emerged as ad-hoc delegates.
The plaintiffs in the suit, argued through their legal Counsel, John Musa, SAN, urged the court to determine whether the PDP in view of Section 84 (5) of the Electoral Act 2022 and Section 15 of the PDP constitution could jettison their election that was lawfully monitored by INEC for another one conducted in violation of the provisions of relevant laws.
They also prayed the Court to determine whether the defendants could on their own, jettison the authentic delegates for others whose purported election was unknown to any law.
The plaintiffs were elected from 18 Local Government Areas of the state for the purpose of electing national delegates for the House of Assembly, House of Representatives and Senatorial elections.
The Court ruling is seen as a devastating blow to the Governor Obaseki-led PDP delegates.