The Court of Appeal in Abuja has upheld the judgment of the Federal High Court restraining the Independent National Electoral Commission from recognising the outcome of the Peoples Democratic Party’s national convention held in Ibadan, Oyo State.
In a unanimous decision delivered by a three-member panel led by Justice Uchechukwu Onyemenam, the appellate court dismissed an appeal filed by a faction of the PDP led by a former Minister of Special Duties, Kabiru Turaki, SAN, which had challenged the jurisdiction of the lower court to entertain the suit.
Recall that the appeal formed part of nine harmonised appeals brought by the Turaki-led faction against the October 31, 2025 judgment of the Federal High Court in Abuja, which barred INEC from validating the outcome of the party’s November 15 and 16, 2025 national convention in Ibadan.
In its ruling, the Court of Appeal affirmed that the Federal High Court had jurisdiction to hear the suit, rejecting the argument that the dispute was merely an internal affair of the party.
The court held that the appellants could not “repackage a clear violation of the party constitution and that of the Constitution of the Federal Republic of Nigeria as an internal party affair.”
Justice Onyemenam further held that the PDP failed to comply with the constitutional and statutory provisions required before a valid national convention could be held.
Among other findings, the court stated that no valid notice of the convention was served on INEC as required by law and that valid congresses were not conducted in more than 14 states before the convention was convened.
The appellate court stressed that compliance with the provisions of the 1999 Constitution, the Electoral Act 2022, and the party’s constitution and guidelines is fundamental to democratic governance.
“Non-compliance with the 1999 Constitution, Electoral Act 2022 and party Constitution and Guidelines are at the heart of democratic governance, and compliance must be strictly enforced in the interest of democracy,” the court held.
The appellate court consequently dismissed the appeal and awarded N2m in costs against the appellants.
Justice James Omotosho of the Federal High Court had, in his October 31, 2025 judgment, restrained INEC from receiving, publishing or recognising the outcome of the convention until the party complied with the relevant provisions of the law.
The trial judge held that evidence before the court showed that congresses were not conducted in some states of the federation and that the PDP failed to issue the mandatory 21-day notice required to enable INEC to monitor its meetings and congresses.
Justice Omotosho also ruled that notices and correspondence issued by the party’s National Chairman without the endorsement of the National Secretary were invalid.
The suit, marked FHC/ABJ/CS/2120/2025, was filed by three aggrieved PDP members — Austin Nwachukwu, the Imo State PDP Chairman; Amah Abraham Nnanna, the Abia State PDP Chairman; and Turnah Alabh George, the PDP Secretary for the South-South.
The plaintiffs, through their counsel, Joseph Daudu, SAN, had asked the court to stop the planned convention where new national officers of the party were expected to be elected.
Listed as defendants in the suit are INEC, the PDP, the party’s National Secretary, Samuel Anyanwu; National Organising Secretary, Umar Baturrle; the PDP National Working Committee; National Executive Committee; Acting National Chairman, Umar Iliya Damagum; Ali Odefa; and Emmanuel Ogidi.
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