Philip Shaibu goes to court against Ighodalo, INEC, others

As Edo State gears up up for the governorship election scheduled for September 21 this year, the ruling party in the state, People’s Democratic Party is daily greeted with wrangling and litigations.

The litigations and other wrangling are some of the fallouts of the governorship primary election the party conducted that produced Asue Ighodalo as its candidate.

A primary election held the same in Benin City also produced the state’s deputy governor, Philip Shaibu as governorship candidate.

The latest of the several court cases arising from the primary was few days ago filed at the Federal High Court, Abuja, by the deputy governor, who had emerged candidate from a parallel primary of the party.

Defendants in the suit are Asue Ighodalo, PDP, INEC.

Shaibu is seeking an order of the court nullifying the 2nd Defendant’s purported Edo State Governorship primary election which took place at Samuel Ogbemudia Stadium Benin-City on 22nd February, 2024 where the 4th Defendant purportedly emerged as the governorship candidate of the 2nd Defendant.

The Deputy Governor through his counsel, Doyin Awoyale, SAN is also seeking an order of the court directing the 2nd Defendant to withdraw forthwith the Certificate of Return issued to the 4th Defendant having emerged from an invalid and unlawful Governorship Primary Election conducted contrary to the provisions of the 2nd Defendant’s Constitution and the Electoral Act.

He therefore further sought an order of injunction restraining the 4th Defendant from parading himself as the duly nominated governorship candidate of the 2nd Defendant in the forthcoming Edo State Governorship Election scheduled for September 21, 2024.

The originating summons reads, “AN ORDER of injunction restraining the 1st Defendant from accepting and/or recognising the name of the 4th Defendant as the governorship candidate of the 2nd Defendant in the 2024 Edo State Governorship election scheduled to be conducted by the 1st Defendant on the 21st of September 2024.

”AN ORDER of this Honourable Court restraining the Defendants by themselves and/agents, representatives, organs chapters from tampering with and/or discarding the delegates lists that emerged from the 2nd Defendant’s congresses of 4th February 2024 and 10th February, 2024 conducted by the National Working Committee of the 2nd Defendant.

“AN ORDER of this Honourable Court mandating the 2nd Defendant to conduct a fresh Governorship Primary Election for the Nomination of the Governorship Candidate for the 2nd Defendant in the 2024 Edo.

In a suit no FHC/ABJ/CS/308/2024, the deputy governor sought for the following reliefs, That A DECLARATION that upon a proper construction of the provisions of Sections 84 (1), (5B) & (13) of the Electoral Act, 2022; Article 15 (2) of the 2nd Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2nd Defendant’s Electoral Guidelines for Governorship Primary Election, it is only Ad Hoc Delegates that emerge from a Special Local Government Area Congress and Special Ward Congresses conducted by the 2nd Defendant National Working Committee (NWC) that are eligible to vote in the Edo State PDP Governorship Primary Election held on the 22nd February, 2024.

“A DECLARATION that upon a proper construction of the provisions of Section 84(1), (5B), (8) and (13) of the Electoral Act 2022; Articles 15(2), 50 (1), (2B) of the 2nd Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2nd Defendant’s Guidelines for Governorship Primary Election, the 2nd Defendant cannot alter, modify, amend, exclude or substitute the list of ad hoc delegates from a Special Local Government Area Congress and Special Ward Congresses conducted by the 2nd Defendant National Working Committee (NWC)who emerged as delegates for the purpose of nominating the Edo State PDP Governorship Candidate in the forthcoming Edo State Governorship Election scheduled for the 21 of September 2024.

“A DECLARATION that upon a proper construction of the provisions of Section 84 (1), (2), (5B) & 13 of the Electoral Act, 2022; Articles 15 (2), 50 (1), (2B) of the 2nd Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2ND Defendant’s Guidelines for Governorship Primary Election, the purported Governorship Primary Election conducted by the 2nd Defendant at Samuel Ogbemudia Stadium Benin-City on the 22nd of February 2024, from where the 4th Defendant purportedly emerged as the governorship candidate of the 2ND Defendant, is null and void.

“A DECLARATION that the 1st Defendant is not entitled to accept or recognise the 4th Defendant as the duly nominated governorship candidate of the 2nd Defendant in Edo State for the 21st of September 2024 Governorship Election, having emerged from an invalid, unlawful and illegal primaries conducted contrary to Section 84(1), (5B), (8) and (13) of the Electoral Act 2022; Articles 15(2), 50 (1), (2B) of the 2ND Defendant’s Constitution; Part 1 Paragraph 1 (A), (B) and Part 1 Paragraph 1 (1) of the 2ND Defendant’s Guidelines for Governorship Primary Election.”