Edo guber: PDP aspirant asks court to nullify ward congresses

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One of the aspirants in the race for the Peoples Democratic Party (PDP) governorship ticket in Edo State, Honourable Adizetu Umoru, has filed an application seeking the order of a Federal High Court in Abuja to stop today’s primary to pick the candidate for the party.

In the application, she claimed that the process for the primary was inherently defective on the ground that the notice for the exercise was issued by Honourable (Architect) Setonji Koshoedo, who she averred was removed by a court as acting national secretary of the PDP in January 2024.

She claimed that Koshoedo had issued the “Notice of Gubernatorial Primary Elections in Edo State” on February 1, even after a Federal High Court presided over by Honourable Justice I.E. Ekwo had removed him as acting national secretary and confirmed Senator Samuel Anyanwu as the authentic national secretary on January 9.

The judgement of Justice Ekwo was delivered on January 9, 2024, well before the notice by Koshoedo was made on February 1, 2024.

In her statement of claim, Umoru deposed that Koshoedo was not in a position to comply with the provisions of Section 82(1&5) requiring political parties to give notice to the Independent National Electoral Commission (INEC) to communicate with the commission over issues of party congresses.

The INEC, the PDP, Umar Damagun (acting national chairman of the PDP), Hon. (Arc) Setonji Koshoedo, the National Working Committee of the PDP, and the National Executive Committee of the PDP are the 1st to 6th defendants, respectively, in the suit filed before the court by Matthew Burka (SAN).

The plaintiff asked the court to, among others, determine “whether, having regard to the Provisions of Section 82 (1 & 5) of the Electoral Act, 2022, Article 47(1) of the 2nd Defendant’s Constitution (as amended 2017) and the Judgement of the Federal High Court, Per, Honourable Justice I. E. Ekwo delivered on the 9th of January, 2024 in Suit No. FHC/ABJ/CS1580/2023 between Hon. Geoffrey Ihentuge & Anor Vs. PDP & 4 Ors, the 1st Defendant can give effect or act on the letter titled “Re: Notice of Gubernatorial Primary Elections in Edo State” dated February 01, 2024, issued and/or endorsed by the 3rd and 4th Defendants and which was received by the 1st Defendant on the 2nd February 2024;

“Whether having regard to the provisions of Section 82(1 & 5) of the Electoral Act, 2022, Article 47(1) of the 2nd Defendant’s Constitution (as amended 2017) and the judgement of the Federal High Court, Per Honourable Justice I.E. Ekwo delivered on the 9th January, 2024, in Suit No. FHC/ABJ/CS1580/2023 between Hon. Geoffrey Ihentuge & Anor Vs. PDP & 4 Ors, the 4th Defendant, Hon. (Arc) Setonji Koshoedo, can lawfully issue and/or endorse any letter of correspondence of the 2nd Defendant as its Secretary or Acting National Secretary.

“Having regard to the Provisions of Section 82(1 & 5) of the Electoral Act, 2022, Article 47(1) of the 2nd Defendant’s Constitution (as amended 2017), and the Judgement of the Federal High Court, Per Honourable Justice I.E. Ekwo delivered on the 9th January, 2024 in Suit No. FHC/ABJ/CS1580/2023 between Hon. Geoffrey Ihentuge & Anor Vs. PDP & 4 Ors, the 2nd Defendant’s letter titled “Re: Notice of Gubernatorial Primary Elections in Edo State” dated February 01, 2024 issued and endorsed by the 3rd and 4th Defendants and which was received by the 1st Defendant on the 2nd of February, 2024 is not a nullity and therefore vitiates the Ward Congresses held on the 4th day of February, 2024.

“Whether upon the proper construction and application of the Provisions of Section 82(1 & 5) of the Electoral Act, 2022, Article 47 (1) of the 2nd Defendant’s Constitution (as amended 2017) and the Court Orders in the Judgment of the Federal High Court of Nigeria, Per, Hon. Justice I.E. Ekwo made on the 9th January, 2024 in FHC/ABJ/CS1580/2023 between Hon. Geoffrey Ihentuge & Anor Vs. PDP & 4 Ors, the 2nd Defendant’s Ward Congresses held on the 4th February 2024 pursuant to that notice is not a nullity and liable to be set aside.

“And if the answers to all or any of the above questions are affirmative, then the plaintiff seeks the following relief, including a declaration that the ward congresses conducted by the PDP are a nullity pursuant to the fact that the notice was invalidly issued.

She specifically asked for an order setting aside and invalidating any action or steps, including the ward congresses conducted by the 2nd to 6th Defendants and/or the 1st Defendant, pursuant to or in consequence of the letter titled “Re: Notice of Gubernatorial Primary Elections in Edo State” dated February 01, 2024 issued and/or endorsed by the 3rd and 4th defendants.

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