*By : Douglas Ogbankwa Esq.@douglasogbankwa@gmail.com*
I have read with studied silence the various points on the plausibility or other wise of a successful Appeal arising from the Judgment of Hon Justice Inyang Ekwo nullifying the process that produced the PDP Governorship Candidate -Dr. Asuelimen Ighodalo.
The major plank of their argument is Section 84 (4) of the Electoral Act,2022.
That section says "aspirant " and not "only s aspirant " can sue .There is no proviso there that gave a restrictive bar and that says no other person can sue .
In any case the Electoral Act is a subsidiary legislation to the Constitution of Nigeria, which is the grudnorm.The Constitution has given every citizen the right to fair hearing and fair trial in court.The right to be able to access court
.If I was duly elected as a delegate and my name is sent to INEC as a delegate , then I got to the venue that INEC endorsed as the place of primaries and I am shut out ,so I should just go home and sleep?
INEC did not file a Defence to this case .They are the 1st Defendants and they said they will abide by the Decision of the Court .This means INEC Conceded to the case of Plaintiffs. INEC is the Agency to conduct the Elections and they conceded to the case even before Judgment .This is a delicate case .
If the PDP Leaders are saying that the Judgment did not invalidate the Primaries , *What are they appealing against*?
They should also read the Judgement and read relief 3 Sought , in which the Court stated it is answered in the Affirmative.
*Lawyers should never argue Law with Lay men, it is infra dig.Lawyers should give their opinions and argue among themselves.When a Lawyer discusses Law with you , he is not arguing with you , he is enlightening you*
The Rights to approach the Courts is a sancrosanct constitutional right.
That constitutional right can not be derogated from , in any way whatsoever .That is why it is called *Fundamental Human Rights*
There are areas that are not in doubt in this case. .Like the fact that 387 delegates were wronglyfully excluded from the PDP Edo 2024 Governorship Elections Primaries .All these are citizens of Nigerians and they have a right to ventilate their issues in Court .
Internal Affairs of a party is only applicable when you did not breac the Law-the Constitution ,the Electoral Act , your Constitution and your guidelines. Lere v APC .
You can not act with brazen impunity and you expect to get away with it under the guise of Internal Affairs of Party .
This current matter is not on all fours will the other cases being cited .This case is going to expand Nigeria 's jurisprudential trajectory.Indeed , it is indeed going to be locus Classicus , a new case law that will expand access to court on political issues and open up the space for aggrieved party officials to access the court .
Dr. Asuen Ighodalo and his handlers are lining on technicalities and we now have social media "Judges" , giving their "Social Media Judgements''.It is a Court of Law and not court of sentiments.*The Court should give its Judgments based on the facts of the case in Court and not opinions on Social Media and the heavens will not fall*- Obi v. INEC.
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