A Senior Advocate of Nigeria, SAN Wahab Shittu has alleged that Section 84, Subsection 14 of the Electoral Act clearly addresses the Edo State PDP primary case.

He argued that this provision specifies that only an aspirant, not a delegate, can challenge the outcome of a primary. He cited the case of Osagie versus Enogama, which was adjudicated by the Supreme Court in 2022, to support this interpretation. He highlighted that the Supreme Court’s ruling in this case determined that delegates lack the locus standi to contest the results of a primary election.

He said in an interview with Channels TV from 25:24, “If you look at Section 84, Subsection 14 of the Electoral Act, it is clear enough to explain this Edo State case. The outcome of a primary can only be challenged by the aspirant and not the delegates. If you look at the case of Osagie versus Enogama, the case was decided by the Supreme Court in 2022.

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What the Apex Court decided is that delegates do not have the locus standi to challenge the outcome of a primary. So whether the judgment pronounced by the Federal High Court can stand remains to be seen when it gets to the Supreme Court.”

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