A State High Court, sitting in Isabo, Abeokuta, Ogun State, on Friday threw out an application by some members of the Peoples Democratic Party, challenging the delegates’ list of the party in the state for lack of jurisdiction.
Six members of the party, believed to be loyal to former Speaker of the House of Representatives, Dimeji Bankole, led by one Ganiu Mustapha, had approached the court, challenging the delegates’ list that was compiled after ward congresses conducted by the party in the state on November 1.
Reading the judgment in a suit number AB/315/2014, the judge, Naheem Durojaiye, maintained that the delegates’ list, under contention, could only be determined by the party as “it is an internal affairs of the party.”
The ward congresses were supervised by Saka Balogun, who was the returning officer of the party.
But the complainants, through their counsel, led by Afolabi Fashanu (SAN), argued that the state executive council led by the Chairman, Bayo Dayo, and the Secretary,Semiu Sodipo, the 4th and 5th defendants, were planning to substitute their names on the list.
The headquarters of the party, National Chairman, Adamu Mu’azu; and the National Working Committee were joined as 1st to 3rd defendants respectively.
But counsel for the defendants, led by B.A Oluyede, argued that the issue of delegates’ list should be an internal affair of the party.
Justice Durojaiye, while delivering the judgment, held that the power to nominate delegates during primaries “is an exclusive power vested with the party.”
He added that the court was constrained by limited jurisdiction to intervene in the matter.
Citing section 87 (10) of the Electoral Act, the judge maintained that the complaints bordered on pre-election matter and as such vested in the party to determine.
Justice Durojaiye, who also cited the case between PDP vs Silva, 2012 further explained that delegates’ list was a ‘domestic right and discretion’ of the party.
“The power to nominate delegates during primaries is vested in political parties and a domestic affairs of the party, not even a court of law can determine that because the court has a limited jurisdiction.
