APPEAL COURT RESERVES JUDGEMENT IN PDP LEADERSHIP TUSSLE
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By: Sefiu Ajape
The Court of Appeal, Abuja Division, on Thursday reserved judgement in nine appeals filed by rival factions of the Peoples Democratic Party (PDP) challenging Federal High Court decisions that halted the party’s November 15 and 16 national convention in Ibadan, Oyo State.
The convention produced Tanimu Turaki, SAN, as National Chairman alongside other national officers.
A three-member panel of the appellate court fixed judgment for a date to be communicated to the parties after counsel adopted their written processes.
One of the appeals, marked CA/ABJ/CV/1613/2025, lists 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 respondents.
Adopting the appellants’ brief filed on November 20, 2025, their counsel, Chief Chris Uche, SAN, told the court the appeal challenges the October 31, 2025 judgment delivered by Justice James Omotosho of the Federal High Court, Abuja.
He argued that the trial court lacked jurisdiction and urged the appellate court to dismiss what he described as a “misconceived preliminary objections” and allow the appeal. He also asked the court to set aside the lower court’s judgment and orders.
Counsel to the first to third respondents, Joseph Daudu, SAN, adopted his clients’ preliminary objections and briefs, urging the court to uphold them and dismiss the appeal.
He maintained that the question of who chairs a political party is an internal matter beyond the jurisdiction of the Federal High Court and asked that the judgment be set aside.
Other respondents also asked the court to dismiss the appeal, arguing that it lacked merit and amounted to an academic exercise.
The nine appeals stem 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 decision, Justice Omotosho restrained 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 PDP chairman), Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South) — who sought to stop the convention over alleged breaches of electoral laws.
Omotosho held that INEC is responsible for ensuring compliance with the Constitution and the Electoral Act in the conduct of meetings, congresses and conventions of political parties.
He barred 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 cannot give effect to the outcome of a convention not conducted in accordance with the Constitution, the Electoral Act and party regulations.
He further held that the PDP cannot convene its convention until it meets the necessary requirements and restrained INEC from publishing the outcome on its website.
The court ordered that a valid notice of the convention must be issued and signed by both the National Chairman and National Secretary of the party.
It found that congresses were not conducted in some states in breach of the law and that notices and correspondence signed solely by the National Chairman without the National Secretary were invalid.
Omotosho also held that the PDP failed to issue the mandatory 21-day notice to INEC, thereby jeopardising the planned convention.
He ruled that non-compliance with INEC and party regulations cannot be treated as an internal party affair, adding that since INEC has the authority to issue subsidiary legislation for 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 issued 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 Justice Abdulmalik’s ruling were also adopted, with the appellate court reserving judgment to a date to be communicated to the parties.
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