- The appellate court further clarified that under Section 84(14) of the Electoral Act, only aspirants have the right to challenge a primary election.
- It also noted that Ad hoc delegates are not considered aspirants and thus do not have the locus to sue, as the matter falls under the internal affairs of the PDP.
The Abuja Division of the Court of Appeal has upheld the candidacy of Asue Ighodalo as the governorship flagbearer of the People’s Democratic Party (PDP) in Edo State, in a ruling delivered on Monday
In a unanimous judgment delivered by Justice Musali JCA in the suit marked CA/ABJ/CV/764/2024, the Appeal Court held that the delegates who sought to nullify the PDP primaries lack locus and therefore the trial court has no jurisdiction to nullify the PDP primaries.
The appellate court further stated that under s. 84 (14) of the Electoral Act, it is only aspirants that can challenge a primary election. Ad hoc delegates are not aspirants and therefore do not have the locus to sue as the matter is an internal affairs of the PDP.
“They are delegates and not aspirants. Delegates do not have any locus to challenge the process of the primary election,” the court held.
Consequently, the appellate court upheld the February 22 primaries of the PDP in Edo State, which produced Ighodalo as governorship candidate of the PDP for the forthcoming September 21st governorship election.