Sets aside lower court judgment over re-run primary
The Court of Appeal, Ibadan Division, yesterday, set aside a judgment of the Federal High Court, Abeokuta, which ordered the Ogun State chapter of the Peoples Democratic Party (PDP) to conduct a fresh primary.
The appellate court, which set aside the judgment of Justice O. Oguntoyinbo of the Federal High Court delivered on September 27, 2022, in favour of Segun Seriki, dismissed the objection of the applicant, claiming non-personal service of notice of appeal.
The High Court judge had, in the judgment, ordered the State Executive Committee of the PDP to conduct a re-run primary within 14 days in a suit filed by aggrieved members of the party working for a governorship aspirant, Jimi Lawal.
But delivering judgment in the appeal filed by the PDP, Justice Folasade Ojo declared that the lower court was wrong in its judgment, saying that only the National Working Committee (NWC) of the PDP is vested with the power to conduct a primary.
The appellate court also ruled that the acclaimed factional state chairman of Ogun PDP, Samson Bamgbose, had no right to conduct a primary election.
The court also affirmed that it is the exclusive right of the national body of the party to conduct the primary, saying that Seriki and Ba
mgbose conducted an illegal and unlawful primary unknown to law and it is a nullity.
The Appeal Court, which ruled that Seriki and Bamgbose had no locus standi to approach the court, set aside the judgment of Justice Oguntoyinbo, saying that the lower court lacked jurisdiction to have entertained the suit and directed all parties involved, including the Independent National Electoral Commission (INEC), to follow the decision of the court.
