This statement was given by Justice Ekwo during the judgment hearing in a lawsuit filed by resentful delegates, most notably Kelvin Mohammed, in a representative role. The complaint was designated FHC/ABJ/CS/165/2024.
The judge declared the primaries invalid, citing the PDP’s illegal exclusion of 378 delegates who were eligible to cast ballots in violation of the law.
The primary election that was conducted at Samuel Ogbemudia Stadium in Benin was deemed to have violated the party’s constitution, PDP rules, and the Electoral Act 2022 in flagrant ways by the court.
The judge found that the PDP’s (Exhibit 1) evidence was weak and unsatisfactory in proving that the returning officers had falsified the result sheets.
Judge Ekwo emphasized that the exhibits presented by the plaintiffs effectively supported their case against the defendants.
The judge pointed out that although the first defendant in the lawsuit, the Independent National Electoral Commission (INEC), filed a memorandum of attendance, it did not submit any more processes in the case.
He said that the attorneys for INEC said they will follow the ruling of the court and supported the claims made by the plaintiffs.
Justice Ekwo declared, “I find that the plaintiffs’ case succeeds on its merits.”
It is noteworthy that the 378 ad hoc delegates, who supported the impeached Deputy Governor of Edo State, Philip Shaibu, sued the Vice Chairman South-South, INEC, PDP, and its National Secretary as the first through fourth defendants.
“An order for the defendants or their agents not to act but to show cause why the reliefs of the plaintiffs in their originating summons should not be granted about the plan of the 2nd, 3rd, and 4th defendants to exclude them and 378 other delegates, whose names and election results are contained in “Exhibits BID 8A to 8L,” from participating in the primaries of February 22 in Edo,” was what the plaintiffs sought in their suit, which was filed on February 8 but was dated February
On behalf of others in 12 local government areas and 127 wards, the plaintiffs—Kevin Mohammed, Mr. Gabriel Okoduwa, and Mr. Ederaho Osagie—averred that granting their reliefs would be in the best interests of justice.
