[BREAKING] Obaseki’s Faction Vs Orbih’s Faction: Supreme Court Gives Strong Verdict (DETAILS)

[BREAKING] Obaseki’s Faction Vs Orbih’s Faction: Supreme Court Gives Strong Verdict (DETAILS)

On Wednesday, the Supreme Court dismissed an appeal by the Peoples Democratic Party’s Dan Orbih faction (PDP).

A five-member panel of the court ruled that Omoregie Ogbeide-appeal Ihama’s was incompetent because it was based on issues that were not addressed in the Court of Appeal’s decision, which he had appealed.

In the lead decision, Justice Centus Nweze held that an appeal must be based on issues argued in the lower court in order to be reviewed.

Justice Nweze added: “Any ground of appeal that does not challenge issues raised at the lower court is incompetent. I enter judgment in favour of the respondents.”

The decision in the appeal marked SC/CV/1575/2022 was applied to about eight other Appeals relating to the Edo PDP dispute over which faction conducted a valid primary from which the party’s authentic candidates emerged.

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With the dismissal of the Court of Appeal, the trial court’s decision to uphold the primary election conducted by the Governor Godwin Obaseki faction becomes final.

The trial court ruled, among other things, that the primary that produced the candidates for the Orbih faction was illegal because it was conducted by the party’s state leadership.

Justice S. M. Shuaibu of Benin’s Federal High Court ruled that only a political party’s National Working Committee (NWC) has the authority to hold party primaries.

Justice Shuaibu said: “There is nothing before the court to show that the primaries in which the fourth 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.”

The judge added: “In my view, the power of INEC under Section 84 of the Electoral Act is limited to monitoring of party primary elections and does not extend to preparing or declaring the results of that election. This remains the law.

“In light of the foregoing, the fourth defendant, INEC, cannot rely on results prepared by the first defendant, Edo State PDP.”

The Court of Appeal dismissed the Orbih’s appeal for incompetence on the grounds that “the appellant failed to transmit the complete record of proceedings at the trial court,” which informed their appeals to the Supreme Court.

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