The Court of Appeal, Ilorin Division, on Monday dismissed a suit challenging the PDP Primary Election in Kwara in 2011 that produced  Gov. Abdulfatah Ahmed as a candidate of the party.

The court ruled that the appeal was 'unmeritorious' and dismissed it for want of legality.

Chief Samuel Adedayo, a factional Chairman of PDP, had asked the  court to set aside the judgment of the Federal High Court, Ilorin, that declared its parallel congress and candidate, Mr Bashir Bolarinwa, as illegal.

He said that the party's state executive, under his leadership, was authentic and that the primary election it conducted be upheld.

Justice Ignatius Agube, leading two others, unanimously resolved two issues raised for determination against the appellant.

He said that the respondents substantially complied with the PDP constitution and that "the article of the party gives no recognition to the appellants.

"The issues of whether the appellants are the authentic executive members of the party and compliance to the 2010 Electoral Law as amended are resolved against the appellants," he said.

The judge observed that the primary election conducted by the appellants was not supervised by the party's national secretariat as stipulated by the party constitution.

"The appellant's congress was not supervised by the party's national secretariat as stipulated in their constitution.

"The appellants also agreed at the lower court to have participated in the congress organised by the respondents.

"The appeal is, however, unmeritorious and should be dismissed in its entirety," the court declared.

Mr Bola Gold, Counsel to the respondents, described the judgment as just and a victory for democracy.

"The judgment is a victory for democracy and attestation that Nigeria's judiciary signifies justice in all ramifications", he said.
Mr Ibrahim Kareem, Counsel to the appellants, said he would brief his client to know the next step to take. (NAN)