Adibe Emenyonu x-rays the political tussle in Edo PDP between Governor Godwin Obaseki and the National Vice Chairman of the party, Chief Dan Orbih and the concern that both factions may lose out to any of the opposing political parties.
The Supreme Court last Friday ended the leadership tussle in the Edo State chapter of the Peoples Democratic Party (PDP) between Governor Godwin Obaseki and the National Vice Chairman (South-south) of the party, Dan Orbhi.
The suit had sought the court order to authenticate the ad hoc delegate elections conducted by the Orbhi’s faction and to invalidate another one conducted by the Obaseki’s faction
The apex court in a unanimous judgment read by Justice Emmanuel Akomaye Agim said the appeal marked SC/CV/979/2022, filed by one Hon Monday Iyere Osagie of the Orbhi faction, lacked merit because it is not justiciable.
The judge held that the issue of leadership by political parties is an internal affair and as such, the courts have no jurisdiction.
He asked political parties to always adhere strictly to their guidelines, rules and regulations in order to promote genuine democracy.
Both Obaseki and Orbhi have been at each other’s throats over who controls the party structure in the state.
The governor formerly of the All Progressives Congress (APC) defected to the PDP, stood for the last governorship election on the party’s platform and won.
He later opted to control the machinery of the party but met stiff resistance from Orbhi, an ally of Governor Nyesom Wike of Rivers State.
By the verdict, the long-drawn battle between Obaseki and Orbhi over who leads the PDP in the state will come to an end. But it also depends on which of the factions the Independent National Electoral Commission (INEC) will now recognise their candidate produced by the factions in the primary conducted in May, 2022.
Both factions had held different primaries that produced candidates for different elective positions. In every state of the federation, governors are usually the leader of the party. But this has pitched Orbhi against Obaseki as to who controls the party in Edo State.
A critical look at the Obaseki triumph shows the victory is a temporary one because whichever sides of the coin one looks at, it is the party that will suffer at the end.
According to a public affairs analyst, Efe Igbinosa: “Contrary to what the two factions of PDP in Edo would want you to believe, there was no definitive ruling in favour of any of the factions. Rather, the case was dismissed because the Supreme Court lacked the jurisdiction to hear the matter. it is simply an internal party affairs and the issue was placed squarely on the table of the party at the national level.
“This was the ruling Governor Obaseki’s faction wanted and the reason they are the loudest in their celebration, because they believe the National Working Committee will work in their favour.
“But this is where it actually gets interesting because INEC, had earlier published the list of Dan Orbih’s faction relying on a Federal High Court Order siting in Abuja. If NWC decides to forward the names of Obaseki’s faction to INEC following the dismissal of the case INEC had earlier relied upon to publish the names of Dan Orbih’s faction, INEC is most likely going to ignore the list from the NWC because according to sources in INEC, they did not monitor the primary election conducted by the NWC, which Obaseki’s faction is relying heavily upon.”
Earlier in a statement dated 5th April and signed by INEC National Commissioner and Chairman, Information and Voter Education Committee (IVEC), Festus Okoye, the Commission affirmed that all the political parties’ candidates for the 1,491 constituencies for which elections will be conducted, must emerge from democratic, transparent, and valid primaries, in line with Sections 29 and 84 of the Electoral Act 2022.
The statement read in part: “Where a political party fails to comply with the provisions of the Act in the conduct of its primaries, its candidate shall not be included in the election for the particular position in issue.”
Upon this premise, Orbih’s faction may lay down prostrate if the PDP NWC affirm the Obaseki’s group as the authentic candidates since the courts (Appeal and Supreme Court) have said the issue of candidates rest squarely on political parties to determine and not INEC.
On the other hand, one of the relevant sections of the law that may hinder INEC from accepting the list of Obaseki’s faction is the required law that ‘the electoral body shall monitor the primaries of each political party that provides the required legal notice in line with Sections 82 (1) and (5) of the Electoral Act. Failure of a political party to notify the Commission of any convention or congress convened for the purpose of nominating candidates for any of the elective offices specified in the Act shall render the convention or congress invalid”.
Because of the sections of the Electoral Act quoted above, Obaseki’s faction might be rejected by INEC because their election was never monitored by INEC and if for any reason, INEC decided to accept the list, it would be challenged in court and both INEC and Obaseki’s faction would lose the case because they have violated an important aspect of the Electoral Act and you cannot place something on nothing.
Nevertheless, it may not be victory for Orbih’s faction either. As it stands, they are standing on a sinking sand as, according to the Electoral Act, there are also strong sources that have said openly from the NWC that they didn’t conduct any primary for that faction even though their primary was monitored by INEC.
The big question before us is; who conducted their primary? Chapter 8, section (1) of the PDP constitution was clear on whose responsibility it is to conduct party primaries.
“The national executive committee shall, subject to the provisions of the constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral act (as amended) and this constitution, formulate guidelines and regulations for the nomination of candidates for election into public offices at all levels”.
In other words, the law stipulated that the “NWC of a party shall be the final authority for resolving all disputes relating to the choice of candidates for the party for any election and for conveying to INEC or to any other authority to whom it may concern confirming the names or list of names of candidates of the party in any elective public office in the federation.”
The provision went ahead to say it is the party that shall determine where the primaries shall be held for each office.
With this, it is believed that the above provision will weigh heavily on Orbih’s faction as they ponder their chances, because they violated this provisions according to members of the NWC. This issue is already also before the court for determination, which the Obaseki’s faction had won at the High Court and will most likely win all the way to the Supreme court but this wouldn’t save the Obaseki’s faction either because they also ran foul of the Electoral act as quoted above on INEC monitoring. So with this, the two factions are likely not going to have a single candidate from the senatorial level, federal constituency down to the state constituency level.
From all indications, both factions of Edo PDP according to Electoral Act and Party constitution have both erred; therefore, cannot reap from their chaos, recklessness and disdain towards the law governing the conduct of party primary.
Should this happen, another strong opposing party may have a clean sweep at the polls with 24 members of the house of Assembly, three Senators and nine House of Representatives members.
The best way to avert this calamity is for the two factions to find a way to swallow their pride and work together to ensure their efforts does not go unrewarded.
However, instead of working together to achieve this common purpose, the two gladiators have by their actions, messed up the ambition of many politicians who bought forms to contest for elective offices at the state and national levels. It is hoped that the factions would learn a lesson from the unnecessary fight before it is too late.
