Adizetu Umoru, a dissatisfied Peoples Democratic Party (PDP) governorship aspirant in Edo, has petitioned the Federal High Court in Abuja to halt the ongoing process of selecting the party’s candidate in the state.
Umoru, in court papers sighted by the News Agency of Nigeria (NAN), cited a technical gaffe on the part of the party in the notice for the party primaries.
In the lawsuit brought by her attorney, Matthew Burka (SAN), the candidate requested an order nullifying and annulling all actions or proceedings, including the party’s ward congresses.
Umoru in her application affirmed that the process was inherently defective in the face of the fact that the notice for the gubernatorial primary was issued by Mr Setonji Koshoedo, whom she claimed was removed by a court as acting National Secretary of the party in January 2024.
She argued that despite a Federal High Court headed by Justice I.E. Ekwo having removed Koshoedo as acting National Secretary and confirmed Sen. Samuel Anyanwu as the legitimate National Secretary on January 9, Koshoedo had issued the “Notice of Gubernatorial Primary Elections in Edo State” on February 1.
She noted that the judgment of Justice Ekwo was delivered on Jan. 9, well before the notice by Koshoedo was made on Feb.1.
Umoru in her statement of claim, therefore, deposed 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 party congresses.
The INEC, the PDP, Umar Damagun (Acting national chairman of the PDP) Hon (Arc) Setonji Koshoedo, National Working Committee of the PDP, National Executive Committee of the PDP are the 1st to 6th Defendants respectively in the suit.
Umoru is asking the court to among others determine:
“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, Justice I. E. Ekwo delivered on Jan. 9, in Suit No. FHC/ABJ/CS1580/2023 between Hon. Geoffrey Ihentuge & Anor Vs. PDP & 4 Ors, if the 1st Defendant can give effect or act on the letter titled “Re: Notice of Gubernatorial Primary Elections in Edo State” dated Feb. 1, issued and/or endorsed by the 3rd and 4th Defendants and which was received by the 1st Defendant on Feb. 2.
She is also asking the court 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 Jan 9, in Suit No. FHC/ABJ/CS1580/2023 between Hon. Geoffrey Ihentuge & Anor Vs. PDP & 4 Ors, if the 4th Defendant, can lawfully issue and/or endorse any letter of correspondence of the 2nd Defendant as its Secretary or Acting National Secretary.
According to her, if the response to any or all of the aforementioned questions is in the affirmative, the court ought to rule that the PDP’s ward congresses were invalid because the notice was given in error.
She also specifically asked 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 Feb. 1, 2024 issued and/or endorsed by the 3rd and the 4th Defendants. (NAN)
