One of the aggrieved aspirants for the governorship ticket of the Peoples Democratic Party [PDP] in Edo State, Alhaja Adizetu Umoru, has dragged the party through court on the conduct of the gubernatorial prinary poll.
The move has elicited palpable fears and anxiety in the top hierarchy of the party both at the state and national levels.
Umoru approached the court with a claim that there was a technical glitch or gaffe on the part of the party in the notice for the party primary election.
In the Court papers filed at the Federal High Court in Abuja, Umoru is asking the court to set aside the ongoing process to choose a governorship candidate for the party.
Umoru in her application affirmed that the process was inherently defective in the face of the fact that the notice for the Edo gubernatorial primary was issued by Hon (Arc) Setonji Koshoedo who she claimed was removed by a court as acting National Secretary of the PDP in January 2024.
She is contending that Koshoedo had on February 1, 2024 issued the “Notice of Gubernatorial Primary Elections in Edo State” despite the fact that 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 of the PDP on January 9, 2024.
The judgement of Justice Ekwo was delivered on January 9, 2024 well ahead of the notice by Koshoedo which was issued on February 1, 2024.
Umoru in her statement of claim which she deposed to said that Koshoedo was not in a position upon the provisions of Section 82(1&5) requiring political parties to give notice to the Independent National Electoral Commission, INEC, to so communicate with the commission over issues of PDP congresses.
The INEC, the PDP, Umar Damagun (Acting national chairman of the PDP) Hon (Arc) Setonji Koshoedo, the National Working Committee of the PDP, National Executive Committee of the PDP are the 1st to 6th Defendants respectively in the suit filed before the court by her lawyer, Matthew Burka (SAN).
In the court process, Umoru is askibg that the court should, among others, determine inter alia:
● “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 Judgment 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 Judgment 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.
● 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 Judgment 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 is the AFFIRMATIVE, then the Plaintiff seeks the following RELIEF
Among the orders sought by the plaintiff are a declaration that the ward congresses conducted by the PDP are a nullity pursuant to the fact that the notice was invalidly issued.
The plaintiff specifically asks 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 the 4th Defendants.
See below a copy of Umoru’s application:
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