The Court of Appeal, Abuja Division, on Thursday, reserved judgment in nine appeals filed by rival factions of the Peoples Democratic Party over decisions of the Federal High Court stopping the party’s November 15 and 16 national convention held in Ibadan, Oyo State.
The convention produced Tanimu Turaki, SAN, as the National Chairman of the PDP alongside other national officers.
A three-member panel of the appellate court fixed judgment 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 and National Executive Committee as appellants, while INEC, Austin Nwachukwu, Amah Abraham Nnanna, Turnah George, Senator Samuel Anyanwu, Umar Damagun, Ali Odefa and Emmanuel Ogidi are listed as respondents.
Adopting the appellants’ brief filed on November 20, 2025, counsel for the appellants, Chief Chris Uche, SAN, told the court that the appeal challenges the October 31, 2025 judgment delivered by Justice James Omotosho of the Federal High Court, Abuja.
He argued that the judgment was delivered without jurisdiction and urged the appellate court to dismiss what he described as a “misconceived preliminary objections” and allow the appeal. He also prayed the court to set aside the judgment 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 the issue relating to the chairman of a political party is an internal affair beyond the jurisdiction of the Federal High Court and asked the court to set aside the judgment.
Other respondents also urged the court to dismiss the appeal, describing it as lacking in merit and 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 October 30, 2025 judgment, 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 members of the party — Austin Nwachukwu (Imo PDP chairman), Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South) — who sought to halt the convention over alleged violations of electoral laws.
Omotosho held that INEC has the responsibility to ensure 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 line with due process, guidelines and regulations.
The judge ruled that INEC is not entitled to give effect to the outcome of a convention not conducted in accordance with the Constitution, Electoral Act and party regulations.
He further held that the PDP is not entitled to convene its convention until necessary requirements are met and restrained INEC from permitting publication of the outcome on its website.
He 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 and correspondence signed solely by the National Chairman without the National Secretary were a nullity.
Omotosho also held that the PDP failed to issue the mandatory 21-day notice to INEC, thereby putting the planned convention in jeopardy.
He ruled that non-compliance with rules and regulations of INEC and political parties cannot be an internal affair of a political party and said that, INEC has 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 November 11, 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 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 judgment to a date to be communicated to the parties.
PUNCH.
