Appeal Court Didn’t Address Defection of Rivers Lawmakers but Dwelt on Court’s Jurisdiction, Says PDP

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 Ighodalo to file appeal against judgment Monday 

CHIGOZIE AMADI

The Peoples Democratic Party (PDP) has resolved to approach the Supreme Court on the judgment of the Court of Appeal, nullifying the sack of the Rivers State lawmakers, saying that the appellate court only decided on the state High Court’s jurisdiction and not the substantive issues before it.

National Legal Adviser of the PDP, Adeyemi Ajibade (SAN), who confirmed this to THISDAY yesterday, also disclosed that the party would also approach the Court of Appeal to appeal against last Thursday’s judgment of the Federal High Court in Abuja on the party’s governorship primary in Edo State.

While the Chairman of the Edo State PDP Governorship Campaign Council, Governor Ahmadu Fintiri of Adamawa State, yesterday described last Thursday’s judgment of the Federal High Court of the party’s primary in Edo State as a setback that must be appealed, Ighodalo also told THISDAY that he will file an appeal against the judgment on Monday.

Speaking to THISDAY, Ighodalo stated that “to avoid any ambiguity, I will file my appeal against the Federal High Court judgment on Monday.”

On his part, the PDP National Legal Adviser said that Justice Inyang Ekwo of the Federal High Court Abuja overreached himself in the face of sections 84 (14) of the amended Electoral Act, which provides that only aspirants that contested in the primary election can seek redress and not delegates.

On the Court of Appeal that judgment on the fate of the 25 members of the Rivers State House of Assembly who defected to the All Progressives Congress (APC), Ajibade, who was a former Kwara State Commissioner for Justice and Attorney General said: “The ruling of the appellate court was on jurisdiction and not the substantive issue of defection. There is a difference between jurisdiction and hearing the substantive case.”

He said the substantive issues are the defection of 25 members of the Rivers State House of Assembly to the APC and the propriety of the Edo State governorship primary election.

Speaking during a television programme monitored by THISDAY, Ajibade restated that the party would challenge the ruling of Justice Inyang, insisting that only those who can be heard on the conduct of the Edo State governorship primary election are the governorship aspirants and not the three delegates, who went to court to challenge the processes of the primary election.

“Despite the revelation in the Certified True Copy (CTC), we will approach the Court of Appeal for clarity and avoidance of doubts”, the PDP National Legal Adviser said.

He said the three delegates that went to court had no locus standi to go to court wondering why Justice Inyang overreached himself, when he had in April 2024 delivered a contrary judgment to what he did on Thursday.

Ajibade also insisted that the judgment of the Federal High Court did not invalidate the candidature of Ighodalo as the PDP governorship candidate in the September election.

On the judgment of the Court of Appeal that nullified the sack of 25 members of the Rivers State House of Assembly, the PDP National Legal Adviser said: “The ruling of the appellate court was on jurisdiction and not on the substantive issue of the defection of the state assembly.

“Jurisdiction is fundamental in any case. It must be thrashed out before going into the substantive issue. We are yet to determine the issue of jurisdiction,” he added.

Meanwhile, the Chairman of the PDP Edo State Governorship Campaign Council, Governor Fintiri of Adamawa State has stated that the party would appeal the court judgment on the party’s governorship primary election.

Speaking at the PDP national secretariat of the party in Abuja yesterday, Governor Fintiri said “This judgment is a setback, ‘but don’t worry,’ we will appeal to set the records straight. There is no need to take chances and panic”

Fintiri, who also pledged total support to ensure the victory of Ighodalo in the election, appealed to all members of the committee to put in their best to ensure the victory of the party in the September governorship election.

Also speaking, a former governor of Edo State, Lucky Igbinedion, said Ighodalo was a hard-working candidate who had gone around the entire wards of the state and was carrying everyone along in his campaign processes.

He said he was in full support and commitment to ensure that PDP wins in the September governorship election in the state.

The secretary of the campaign council, who is also the Deputy National Organising Secretary of the PDP, Pascal Adigwe, released the list of the various committees of the campaign council, including finance, accommodation, security, and media, among others.