A Benin High Court yesterday restrained the Edo Peoples Democratic Party from excluding some names of delegates ahead of the party’s on coming National Convention, thereby putting a halt to the mellow-drama surrounding the issue in the past weeks.
The court also ruled that the delegates, haven been duly elected as ad-hoc delegates of the party by virtue of section 84(5) of the Electoral Act 2022, are vested with the statutory right and are legally entitled to vote in the congresses in the PDP National Convention.
The court, presided over by Justice V.O Eboreime in a judgment in the case with suit NoB/408/2022, ruled that the names of those who participated in the primaries for the nomination or selection of the party’s candidate in Edo State into the elections of state House of Assembly, National Assembly, Governorship, as well as the Presidential convention are eligible to exercise their voting rights.
The claimants in the suit, Victor Enoghama, Charles Egbon, Anthony Ebhodaghe and Odigie Idahosa for themselves and on behalf of all the elected ad-hoc ward delegates of the PDP had through their counsel Ken Mozia (SAN) appreciated the court for their eligibility as delegates against the PDP and it’s state Chairman Dr. Tony Aziegbemi as defendants.
The learned judge held that having considered the evidence led by the claimants through the first claimant the court was satisfied that they have met the requirement of the law.
“In the light of the foregoing, it is my un alloyed conviction that the lone issue I formulated for determination can only judicially and judiciously be answered in the affirmation in favour of the claimant I so hold and enter judgment for claimants….
The judge ruled that the second defendant who entered by himself, his agents, has no statutory or any legal right under the Electoral Act 2022 to interfere with, impede, or prevent the claimants from exercising the voting rights vested in them by section 84(5) of the Electoral Act 2022 to participate and vote for the aspirants of their choice in Edo State for the election to the state House of Assembly, National Assembly, Governorship as well as the election of the National delegates of the 1st Defendant to the presidential convention to nominate or select the presidential candidate of the 1st Defendants.
The judge also gave an order of perpetual injunction restraining the Defendants, their servants, agents, officers or any person(s) however acting on their behalf from interfering with, impeding or preventing the claimants from exercising the voting right vested in them exercising the voting right vested in them by section 84(5) of the Electoral Act 2022 to participate and vote for aspirants of their choice in Edo State for the election of the State House of Assembly, National Assembly, Governorship as well as the election of National Delegates of the 1st Defendant to the presidential Convention to nominate or select the presidential candidate of the 1st Defendant.
The judge also granted a perpetual injunction restraining the defendants, their servants etc from according any recognition to any other ad- hoc delegates from the Peoples Democratic Party of Edo State other than the claimants for the purpose of the congresses for the nomination of the 1st Defendant’s candidates in Edo State for the aforementioned elections as well as the election of National Delegates of the 1st Defendant to the presidential convention to nominate the presidential candidate of the 1st Defendant.
“I give an order of perpetual injunction compelling the defendants to allow only the claimants as ad – hoc delegates of the PDP, Edo Sate for the purpose of all the congress for the nomination of selection of the 1st Defendants candidates in Edo State for the election to the state House of Assembly, National Assembly, Governorship as well as the election of the National Delegates of the 1st Defendant to the presidential convention to nominate or select the presidential candidate of the 1st Defendant,” the ruling added.