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2023 POLLS: Court orders INEC to publish names of candidates in Obaseki’s faction

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A Federal High Court in Benin City, Edo State, has ordered the Independent National Electoral Commission (INEC), to publish names of candidates produced by the State chapter of the Peoples Democratic Party (PDP) primary election held by a faction of the party loyal to Governor Godwin Obaseki.

The presiding judge, Justice S. Shuaibu, who delivered the judgement on Tuesday, mandated the electoral body to not only publish the names of the candidates but to also recognise them as the authentic standard bearers of the party in the state, ahead of the 2023 elections.

INEC had, last week, published names of candidates produced during a parallel primary held by the faction led by South-South Vice Chairman of the party, Chief Dan Orbih, as the candidates to contest for legislative positions in the 2023 elections in the state.

But the Obaseki faction filed a petition demanding a release of their list of candidates which include the party’s candidates for Edo South senatorial district, Matthew Iduoriyekemwen, Oredo federal constituency, Sunny Aguebor, and that of Akoko Edo federal constituency, Kabiru Adjoto, among others.

Read also:2023 POLLS: Obaseki loses out as INEC picks Dan Orbih’s candidates

In their suit, the plaintiffs had demanded an order of court mandating INEC to publish the names of their flag bearers as the valid candidates of the 2023 legislative elections.

While delivering his ruling, Justice Shuaibu said he was relying on past decisions by the Supreme Court and Court of Appeal, which states that the state chapter of a political party was not empowered by law to conduct party primaries as it was only a party’s National Working Committee that has the power to conduct party primaries.

“There is nothing before the 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.

“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 the light of the foregoing, INEC cannot rely on results prepared by the first defendant, Edo PDP,” the judge ruled.

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