The primary election conducted on February 22, 2024, was voided on the ground that 378 delegates who were supposed to vote at the primary election were unlawfully excluded by PDP.

Justice Ekwo nullified the primary election while delivering judgment in a suit instituted by the aggrieved delegates.

The suit was instituted by one Kelvin Mohammed in a representative capacity.

Justice Ekwo held that both the provisions of the Electoral Act 2022 and the PDP Guidelines were violated in the conduct of the primary election at the Samuel Ogbemudia stadium in Benin.