Edo PDP Crisis: See Details Of Appeal Court Judgement That Gave Victory To Legacy PDP

Tony Okonigene Reporting

Contrary to the widely reported position of the Appeal Court,  Benin judgment delivered on Wednesday 23rd November 2022 concerning the candidates of the Edo State PDP,  the detailed judgment released today (Friday 25th), showed that the Appellant court actually set aside the judgment of the lower court.

Recall that the FHC Benin had in a controversial judgment on September 27, 2022, declared the candidates of the Obaseki-led group as the authentic candidates of the Edo State chapter of the Peoples Democratic Party, PDP, which was appealed by the Chief Dan Orbih-led legacy PDP at the Appeal Court sitting in Benin City.

In the lead judgment delivered by Justice Tunde Oyebamiji Awotoye, the Court of Appeal resolved 4 out of the 6 issues in favour of the Legacy candidates.  The Court declared that the Appeal was meritorious and therefore allowed.

The court also set aside and struck out suit no FHC/C5/78/2022  ( That earlier declared the Obaseki’s group candidates as the authentic candidates) because of incomplete transmission of records that made the court not have jurisdiction over the appeal.

The Obaseki’s candidates in their plans to frustrate the Legacy candidates’ appeal,  shot their foot with their own gun. The lawyers of the Obaseki’s group were apparently unaware of the consequences and responsibilities of the transmission of incomplete records as spelled out by the Apex Court and reported on Page 7 (2021) LRCN. Access Bank Plc vs Owunliri.

It states in summary that the primary responsibility of transmitting records to the Court of Appeal lies with the Registrar.  Where the Registrar fails, the responsibility automatically shifts to the Appellant. On service, if the Respondent complains of incomplete records, the responsibility to file the missing records falls on him and the respondent to demonstrate the importance of the missing records to his defense.  Anyone who fails to carry out his responsibility will bear the consequences as the Court cannot hear a case based on incomplete records nor can it visit the sins of a party on another.

The Appeal Court, having found the Appeal by the Legacy Candidates meritorious, set aside the FHC Benin judgment for lack of jurisdiction arising from the failure of the Respondents’ lawyers to provide the missing records they complained about.

The Legacy PDP candidates will head to the Supreme Court for a declaratory judgment based on the findings of the Appeal Court.

Meanwhile, the Supreme Court had on Tuesday 22nd November 2022, released the details of its judgment in respect of the delegates of the Edo PDP.

The Apex Court noted that the Legacy delegates fulfilled all the requirements of the law but it declined jurisdiction as delegates cannot sue the party going by Section 285 of the 1999 Constitution of the FRN ( As Amended).

The coast is clear for the Legacy candidates.

See a page from the appeal court judgment that provided insight below;