Amongst the reliefs sought by the plaintiffs is an Order of Court mandating the fourth defendant, INEC, to publish the names of the plaintiffs as the validly elected candidates of the Edo PDP for the 2023 general election.
The Judge noted that based on past decisions by the Supreme Court and Court of Appeal, the state chapter of a political party is not empowered by law to conduct party primaries and that only the National Working Committee of a political party has the power to conduct party primaries. He said, “There is nothing before the Honourable Court to show that the primaries in which the fourth to 39th defendants participated were conducted by the National Working Committee of the PDP. Rather, their primaries were conducted by the Edo State chapter of the PDP.”
The Judge held, “In my view, the power of INEC under Section 84 of the Electoral Act is limited to monitoring of party primary elections and does not extend to preparing or declaring the results of that election. This remains the law.” “In the light of the foregoing, the fourth defendant, INEC, cannot rely on results prepared by the first defendant, Edo PDP,” he noted.
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