The Peoples Democratic Party (PDP) on Friday maintained its decision to proceed with its forthcoming national convention scheduled for November 15 and 16, 2025, in Ibadan, Oyo State, despite a ruling by a Federal High Court in Abuja under trial justice James Omotosho, that torpedoed the process and restrained the party from convening the exercise.
While the National Publicity Secretary of the Party, Debo Ologunagba said the order does not vitiate their planned convention as it did not stop them from activities towards it, Chieftain and Deputy National Vice Chairman of the Party, Chief Olabode George dismissed the order as “joke of the century, open recipe for anarchy and a display of judicial brigandage”.
But the FCT Minister Nyesom Wike, applauded the court ruling, describing the judgement as a wise and very good decision opposed to the business-as-usual way of doing things.
Wike stated this last night at a meeting held with Concerned PDP stakeholders at his residence in Abuja.
Also on Friday, a different suit by former Governor of Jigawa State who had approached a High Court in Jigawa to stop the convention for trying to exclude him through denial of nomination form for the position of National Chairman of the party, failed as the court refused to grant the motion ex parte
In yet another case, a Federal High Court in Abuja sacked a member of the House of Representatives Abubakar Gummi, for defecting from the PDP to All Progressives Congress (APC).
Justice Omotosho issued the order on Friday, while delivering judgment in a suit challenging the legality of the convention.
Three aggrieved members of the PDP; Hon Austin Nwachukwu (Imo PDP chairman), Hon Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South), had dragged the electoral umpire to court, over the November 15 and 16, National Convention of the party, scheduled to hold in Ibadan.
In the suit, which has PDP, National Chairman, Amb. Ilya Damagum, National Executive Committee (NEC), National Working Committee (NWC), National Secretary, Senator Samuel Anyanwu, amongst others, the plaintiffs asked the court to restrain INEC from monitoring or giving recognition to the outcome of the party’s convention for the election of new leadership of the PDP.
They claimed that their action was hinged on the need at establishing and promoting internal democracy in the PDP.
According to the plaintiffs, the PDP violated sections of the Constitution, Electoral Act as well as the party’s own constitution in the conduct of the party’s congresses in some states, adding that, “no congresses were conducted in 14 states”.
The plaintiffs, who claimed that they have intentions of contesting future elections in the party, accused the PDP of not issuing notices of congresses at the state and zonal levels, adding that in a situation where notices were issued, it was signed by only the chairman of the party, excluding the secretary, an act they claimed violated the PDP’s Constitution.
But, the PDP in its response to the suit urged the court to dismiss the case of the plaintiffs on the grounds of jurisdiction, adding that the plaintiffs, besides lacking the necessary legal rights to file the suit did not exhaust all the internal mechanism for resolving grievances in the party.
Delivering judgment on Friday, Justice Omotosho pointed out that contrary to the submissions of the respondents, the case of the plaintiffs was beyond the purview of “Internal Affairs” of the PDP.
Omotosho, who stated that internal affairs of political parties was a no-go area for the court, observed that the plaintiffs were not contending leadership, but the need for INEC to perform its statutory duty of ensuring that political parties abide by the electoral laws, guidelines and regulations on meetings, congresses, primaries and conventions.
“A suit challenging the executive decision of INEC is not an internal affairs of a political party” Omotosho said, “1st defendant is saddled with the responsibility of monitoring, making regulations and guidelines for the conduct of party’s primary, congresses and conventions”.
The judge added that the court cannot turn its eyes away from the breach of the Constitution and electoral laws in the guise of internal affairs of a political party, as doing so would tantamount to supporting illegality.
On the issue of “locus standi”, the court also disagreed that the plaintiffs lacked the necessary legal rights or failed to exhaust the internal mechanism of the party because the legal action is not against the PDP but against INEC.
Besides, the court pointed out that the suit was a civil action aimed at sanitising the political system and to ensure that parties comply with the laws and their own constitution.
In its judgment, Omotosho observed that the PDP failed to comply with relevant conditions and laws for the conduct of its convention slated for November 15 and 16, in Ibadan.
The judge held that evidence from the electoral umpire and some of the respondents showed that congresses were not held in some states of the federation, and in breach of the law.
In addition, the court held that the signing of notices and correspondence of the PDP by its National Chairman without the National Secretary, violated the law and consequently made such notices and correspondences a nullity.
According to Omotosho, Article 36(1a and b) of the PDP’s Constitution empowers the National Secretary to conduct handle the correspondence of the PDP, and also issue notice of meetings, congresses and conventions.
“The law is trite” Omotosho said, “political parties must obey their constitution…the supposed discord of the party is not the business of this court…we will not allow political parties to make nonsense of the law by excluding the National Secretary in the conduct of its internal affairs”.
The court cited Cross River and Kebbi States as instances where the party’s notice of congress was signed only by the national chairman, noting that the document was dated September 25.
He also held that the action of the national chairman in signing notice of congress in addition to postponement notice was invalid and as such INEC cannot give the said congresses any recognition.
The court also invalidated the October 15 National Executive meeting of the PDP because the party failed to issue notice which deprived INEC the opportunity to monitor.
Omotosho concluded that non-compliance with the laws and regulations of political parties if allowed would open the floodgates of disobedience to the Electoral Act and will be detrimental to democracy.
He said although INEC may not be able to stop political parties from conducting their meetings, congresses, and conventions, the Electoral Act empowers it to “invalidate such deficient meetings, congresses and conventions”, to serve as a punitive measure to check abuses.
He said that the signing of notices by the chairman alone was an act that contravened the Electoral laws as well as the party’s regulations and guidelines.
Besides, Omotosho held that the PDP failed to issue the mandatory 21-day notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses.
Omotosho held that the failure of the PDP to comply with the law put the planned convention in jeopardy, and subsequently advised the PDP to do the necessary before going ahead with the election.
The court accordingly ordered INEC to refuse to recognise the outcome of the planned convention since a proper foundation has not been put in place for a valid convention, adding that, “INEC must act to ensure strict compliance with the law “.
Omotosho also advised the PDP to issue appropriate notices for the conduct of congresses for states and zones where Congress did not hold or were postponed, adding that the notices must be signed by both the national chairman and national secretary to make it valid.
“INEC is not expected to give recognition to any convention not done in line with the law.
“INEC should not accept the results of any convention in breach of the law”, Omotosho held.
He also restrained INEC from putting in its website any action done in breach of the electoral act or any other laws.
Judgment wont vitiate convention, says Ologunagba
In a statement, Ologunagba said, “However, the PDP states that the judgment of the court does not vitiate its ability to proceed with the processes and activities towards the National Convention to elect new National Officers to pilot the affairs of the Party for the next four years.
”Our Party notes the recent judgement of the Supreme Court which affirms the supremacy of a political party in the management of its internal affairs,” Ologunagba said.
The PDP therefore charged its members, Chapter and Organs to remain steadfast and focused on preparations towards the holding of the National Convention of the Party
Nevertheless, he said that the PDP, as the leading opposition party in Nigeria, committed to the rule of law, has accordingly directed its lawyers to take immediate action to appeal the judgment in its unwavering determination to uphold, defend, and promote multi-party democracy in our country.
Chuks Okocha, Alex Enumah and Wale Ajimotokan
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