Federal High Court Orders INEC to Recognize Governor Obaseki Faction’s Candidates for 2023 Elections

In a landmark judgement delivered on Tuesday, September 27, 2022, a Federal High Court sitting in Benin has directed the Independent National Electoral Commission (INEC) to officially acknowledge and publish the names of candidates produced by the Governor Godwin Obaseki faction of the Edo Peoples Democratic Party (PDP) as the party’s standard-bearers for the upcoming 2023 elections.

The victorious plaintiffs in the case include notable figures such as Matthew Iduoriyekemwen, the party’s candidate for Edo South Senatorial District; Sunny Aguebor, representing Oredo Federal Constituency; and Kabiru Adjoto, who will carry the party’s flag for Akoko Edo Federal Constituency.

The Court, presided over by Hon. Justice S.M Shuaibu, granted all the reliefs sought by the plaintiffs, most significantly, an Order of Court requiring the fourth defendant, INEC, to release the names of the plaintiffs as the duly elected candidates of the Edo PDP for the upcoming 2023 general elections.

Justice Shuaibu highlighted that, in accordance with Supreme Court and Court of Appeal precedents, the state chapter of a political party lacks the authority to conduct party primaries, and only the National Working Committee (NWC) of the party possesses that power.

The Judge stated, “there is nothing before the Honourable Court to show that the primaries in which the 4th to 39th defendants participated was conducted by the National Working Committee of the PDP. Rather, their primaries were conducted by the Edo State chapter of the PDP.”

He further emphasized that INEC’s role, as stipulated in Section 84 of the Electoral Act, is limited to monitoring party primary elections and does not extend to preparing or announcing the results of such elections. This interpretation, he emphasized, remains the law.

Consequently, Justice Shuaibu determined that INEC cannot rely on results prepared by the Edo PDP, and the commission should act in accordance with the Court’s order to recognize and publish the names of the candidates endorsed by the Governor Obaseki faction.

This ruling marks a significant milestone for the Governor Obaseki faction’s aspirations in the 2023 elections, ensuring their candidates will receive proper recognition and representation on the ballot.