PDP convention feud: Appeal Court reserves judgement

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The Abuja division of the Court of Appeal, on Thursday reserved judgement in nine appeals filed by rival factions of the Peoples Democratic Party (PDP) over Federal High Court decisions halting the party’s national convention held last 15 and 16 November in Ibadan, the Oyo State capital.

The convention produced Alhaji Tanimu Turaki as National Chairman, alongside other national officers.

A three-member panel of the appellate court fixed judgement for a date to be communicated to the parties after the adoption of all written processes in the appeals.

One of the appeals, marked CA/ABJ/CV/1613/2025, has the PDP, its National Working Committee (NWC), and National Executive Committee (NEC) as appellants, while the Independent National Electoral Commission (INEC), Austin Nwachukwu, Amah Abraham Nnanna, Turnah George, Samuel Anyanwu, Umar Damagum, Ali Odefa, and Emmanuel Ogidi are listed as respondents.

Adopting the appellants’ brief filed on 20 November 2025, counsel for the appellants, Chief Chris Uche, a Senior AdvocateofNigeria (SAN), told the court that the appeal challenges the 31 October 2025, judgement delivered by Justice James Omotosho of the Federal High Court, Abuja.

He argued that the judgement was delivered without jurisdiction and urged the appellate court to dismiss what he described as ‘misconceived preliminary objections’ and allow the appeal.

He also prayed the court to set aside the judgement and orders of the trial court.

Counsel for the first to third respondents, Joseph Daudu (SAN), while adopting his clients’ preliminary objections and briefs of argument, urged the court to uphold the objections and dismiss the appeal.

He contended that issues relating to the chairmanship of a political party were internal matters beyond the jurisdiction of the Federal High Court and asked the court to set aside the judgement.

Other respondents also urged the court to dismiss the appeal, describing it as lacking merit and as an academic exercise.

The nine appeals arose from three separate judgments delivered by Justices James Omotosho, Peter Lifu, and Joyce Abdulmalik of the Federal High Court, Abuja.

In his 30 October 2025, judgement, Justice Omotosho stopped the PDP from holding its planned 2025 national convention until it complied with statutory requirements under the party’s constitution and the Electoral Act.

The order followed a suit filed by three aggrieved party members, Austin Nwachukwu (Imo State chairman), Amah Abraham Nnanna (Abia State chairman), and Turnah Alabh George (Secretary, South-South), who sought to halt the convention over alleged electoral law violations.

Omotosho held that INEC was responsible for ensuring compliance with the Constitution and the Electoral Act in the conduct of meetings, congresses, and conventions of political parties.

He restrained the electoral body from accepting or recognising the outcome of any PDP convention not conducted in accordance with due process, guidelines, and regulations.

The judge ruled that INEC was not entitled to give effect to the outcome of a convention not conducted according to the Constitution, Electoral Act, and party regulations.

He further held that the PDP could not convene its convention until necessary requirements were met and restrained INEC from publishing the outcome on its website.

Justice Omotosho ordered that a valid notice of the convention must be issued and signed by both the national chairman and national secretary of the party.

The court found that congresses were not held in some states in breach of the law and that notices signed solely by the national chairman without the national secretary were null.

He also held that the PDP failed to issue the mandatory 21-day notice to INEC, jeopardising the planned convention. Omotosho ruled that noncompliance with INEC rules and regulations was not an internal party matter, stating that INEC had the power to issue subsidiary legislation for the conduct of political parties, ‘subsidiary legislation has the force of law’.

‘This brought this matter outside the realm of internal affairs of the party and confers jurisdiction on the court to question a government agency for violating subsidiary legislation. This suit is not an internal affair of the PDP, and plaintiffs have the legal right to institute action’, the judge held.

Similarly, on 11 November 2025, Justice Peter Lifu restrained the PDP from proceeding with the convention and barred INEC from supervising or recognising its outcome.

Lifu granted the order in a suit filed by a former Jigawa State Governor, Alhaji Sule Lamido, who alleged he was denied the opportunity to purchase a nomination form for the national chairmanship position.

The judge held that the PDP failed to comply with relevant legal requirements, including publication of a timetable, and ruled that the balance of convenience favoured the plaintiff.

Processes in the appeal against the ruling of Justice Abdulmalik were also adopted, with the appellate court reserving judgement to a date to be communicated to the parties.

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