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A’Court Upholds Edo PDP Primary, Affirms Ighodalo As Gov Candidate

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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.

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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.

READ ALSO: Edo South Enigies, Ohen Throw Weight Behind APC Candidate, Okpebholo

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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.

Recall that three aggrieved ad-hoc delegates, Kelvin Mohammed, Gabriel Okoduwa, and Ederaho Osagie, had sued the PDP on behalf of themselves and 378 other delegates over their exclusion in the February 22 primary election that produced Asue Ighodalo as the candidate to represent PDP in the forthcoming September 21 gubernatorial election in the state.

They had asked the court to determine, among other things, whether their exclusion from the said primary was not in breach of the party’s constitution. They also urged the court to order the PDP to allow their participation in the poll if the questions raised for determination were in their favour.

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Justice Ekwo, delivering judgment in the suit marked FHC/ABJ/CS/165/2024, said the primary failed to comply with Sections 82 of the Electoral Act, 2022, the guidelines for the conduct of the poll, and Article 50(3) of the party’s constitution.

READ ALSO: Tinubu: Gov. Mohammed’s Criticism, Signs Of Patriotism – PDP Chieftain

He held that a PDP must comply with its constitution, maintaining that parties are bound by the Constitution of Nigeria, the Electoral Act, and their own constitution and guidelines.

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He held that where a party acts contrary to the provisions of the law and the guidelines that they have enacted for themselves, such actions will be declared invalid.

The court held that the case of the plaintiffs merited justice and ordered the PDP not to exclude them from the February 22 primary.

“Consequently, I find that the case of the plaintiffs succeeds on the merit upon a preponderance of evidence as required by law.

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READ ALSO: Edo Guber: LP Reacts To Akpata’s Alleged Secret Alliance With APC

“A declaration is hereby made that by virtue of the provisions of Article 50 (3) of the Constitution of the 2nd defendant (as amended in 2017), the plaintiffs, together with the other lawfully elected delegates, whose names and election results appear on Exhibits BID 8A to 8L herein, are the lawfully elected Ward Congress Delegates in their respective wards and by virtue of which the defendants cannot exclude them from participating as 3 Ad-Hoc Ward Delegates at the governorship primary election of Edo State slated for the 22 of February 2024 or any other date.

“An order is hereby made directing the defendants who are bound by the provisions of Section 82 of the Electoral Act, 2022 and Article 50 (3) of the 2nd defendant’s constitution (as amended in 2017) to abide by the outcome of the 3 Ad-Hoc Delegates Ward Congress of February 4, 2024, at which the plaintiffs and the other 378 delegates, whose names and election results appear on Exhibits BID 8A to 8L were elected and to allow the plaintiffs and the 375 other lawfully elected delegates participate in the primary election of February 22, 2024.

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“An order of Mandatory Injunction is hereby made restraining the 1st, 2nd, 3rd defendants from unlawfully excluding the plaintiffs and the other lawfully elected delegates whose names and election results appear on Exhibits BID 8A to 8L herein, from participating as 3 Ad-Hoc Ward Delegates in the governorship election primaries of the 2nd defendant slated for the 22nd of February, 2024 or any other date,” Justice Ekwo held.

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Court Declines Kachikwu’s Motion Against INEC, ADC Leaders

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The Federal High Court in Abuja on Friday declined to hear an application filed by the African Democratic Congress’ 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission and the Senator David Mark-led leadership of the party.

Justice James Omotosho, in a ruling, refused to entertain the motion.

Kachikwu, through his counsel, Dayo Akinlaja (SAN), had sought an order compelling INEC to withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the ADC, pending the determination of the substantive suit.

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INEC had recently recognised Mark, a former Senate President, and Aregbesola, a former Governor of Osun State, as the party’s national chairman and national secretary.

READ ALSO:Court Dismisses Suit Seeking Refund Of Rivers’ Monies Expended By Ibas

On July 7, Kachikwu and four others – Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William – filed an originating summons challenging the recognition of the duo.

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The suit lists INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants.

When the matter was called on Friday, Akinlaja told the court that a motion dated September 19 had been filed. He argued that despite the pendency of the suit, INEC went ahead to recognise Mark and Aregbesola as party leaders.

The plaintiffs asked the court to set aside the recognition and publication of their names, describing it as a breach of the doctrine of lis pendens. They also sought an injunction restraining Nwosu, Mark, and Aregbesola from further relating with INEC as ADC’s national officers.

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However, counsel for the ADC, Shaibu Aruwa (SAN), along with other defence lawyers, opposed the application.

READ ALSO:South African Court Finds Radical Politician Malema Guilty On Gun Charges

After hearing arguments, Justice Omotosho declined to entertain the motion, marked FHC/ABJ/CS/1331/2025.

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He said, “This court is not inclined to nullify anything at this stage, whether done before or now. This is a political case. I am not taking any interlocutory matter.”

The judge held that all processes filed by the parties, including preliminary objections, would be taken together with the substantive case.

Despite repeated pleas by Akinlaja for the motion to be heard, the court stood its ground.

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Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, the ADC deputy national secretary, and ordered that his name be added as a defendant.

He directed the plaintiffs to file the amended processes within 48 working hours and gave the defence seven days to respond. The case was adjourned till October 23 for hearing.

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Fubara Sacks Commissioners, Others

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Rivers State Governor, Siminalayi Fubara, has sacked all commissioners and other public office holders serving in his administration.

The decision, according to a statement issued in Port Harcourt on Wednesday evening by his Chief Press Secretary, Nelson Chukwudi, takes immediate effect and followed the recent Supreme Court judgment.

The governor, during a valedictory session with his cabinet to mark Nigeria’s 65th Independence Anniversary at Government House, Port Harcourt, thanked the outgoing officials for their services and contributions to the state’s development over the past two years.

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The statement read in part, “Rivers State Governor, His Excellency, Sir Siminalayi Fubara, has thanked members of his cabinet for their services and contributions to the development of the state in the last two years.

READ ALSO:BREAKING: Gov Fubara Dissolves Rivers Pension Board

The governor highlighted the significance of Nigeria’s Independence, and called on all Nigerians to work together with Mr President to build a peaceful, secure and prosperous country and a brighter future for all.

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“Furthermore, the Governor has relieved all Commissioners and other public officers affected by the recent Supreme Court judgment of their appointments with immediate effect.”

Fubara also reiterated his commitment to serve the state “with renewed vigour,” while expressing gratitude to Rivers people for their support and wishing Nigerians a happy Independence anniversary.

READ ALSO:Why I Refused To Challenge Emergency Rule – Fubara

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Recall that the immediate past administrator of the state, Vice Admiral Ibok-Ete Ibas (retd.), upon assumption of office during the emergency rule imposed by President Bola Tinubu, suspended all commissioners, special advisers, and assistants appointed by Fubara. Ibas also dissolved boards and suspended heads of parastatals he met in office.

Since Ibas exited the state on September 18, the fate of Fubara’s appointees had remained uncertain. The Rivers State House of Assembly, at its first sitting after the lifting of the emergency rule, had called on the governor to submit a fresh list of commissioner-nominees for screening, alongside the 2025 budget for passage.

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2027: Crisis Rocks Kaduna ADC Over Power Tussle

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The Kaduna State chapter of the African Democratic Congress (ADC) is enmeshed in crisis as a fierce power struggle among leading figures threatens the party’s chances in the 2027 general elections.

ADC stalwart, Malam Salihu Lukman, raised the alarm on Wednesday, warning that the party may not make a meaningful impact at the polls if the internal rift persists.

In a statement, Lukman alleged that some party leaders have aligned with certain aspiring candidates for the 2027 elections to the exclusion of others.

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He called on former Kaduna State governor, Malam Nasir El-Rufai, Malam Jaafaru Sani, Alhaji Bashir Saidu, and other opposition leaders in the state to halt what he described as “the madness” of candidates bent on hijacking party structures.

READ ALSO:Ex-Tinubu Campaign Coordinator Resigns From APC

According to him, “anybody who is not ready to work as part of a united opposition in Kaduna State is consciously or unconsciously working for the APC.”

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Expressing concern over the infighting, Lukman said his efforts to mediate had largely failed.

“The fact that Senator Musa Bello is aggressively seeking to control structures of ADC in Zone 2 is a reflection of my failure, largely because I am associated with him.

“Senator Lawal Adamu (Mr. La) has avoided all my requests to meet him. I have met Malam Jaafaru Sani on this matter and had discussions with Malam Nasir. Sadly, we are not united, and the perception is that I am part of the problem.”

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READ ALSO:Why APC Candidates Contested 2023 LG Election Despite Intimidation — State Chairman

Lukman stressed that he has no political ambition but remains committed to building a united front. “As a citizen from Kaduna State, I am willing to make every necessary sacrifice to move our state forward. Without sounding immodest, I made every sacrifice to contribute to forming the coalition and negotiating the agreement with ADC.

“May I therefore appeal to Malam Nasir and all our leaders to please seek to unite us. It is only if we are united in ADC that we can unite our people in the state to defeat the APC in 2027. We must bear in mind that it is not just about defeating APC but about producing a government controlled by our party based on collective leadership.

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“We need to put an end to the era when we produce emperors as governors. Anything short of a government managed by collective leadership under ADC will be unacceptable.”

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