A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising the outcome of the forthcoming 2025 National Convention of the People’s Democratic Party (PDP) scheduled for Ibadan, Oyo State.
Justice James Omotosho gave the order on Friday, October 31, while delivering judgment in a suit challenging the legality of the convention.
The judge predicated the decision on the grounds that the PDP failed to comply with relevant conditions and laws for the conduct of such conventions.
Justice Omotosho held that evidence from the electoral umpire and some of the respondents showed that congresses were not held in some states of the federation 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.
Besides, Omotosho held that the PDP failed to issue the mandatory 21 days notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses.
Justice Omotosho held that the failure of the PDP to comply with the law has put the planned convention in jeopardy, and subsequently advised the PDP to do the necessary before going ahead with the election.
He, therefore, restrained INEC from receiving, publishing or recognizing the outcome of the convention slated for Ibadan, until the law has been complied with.
Persecondnews reports that the suit seeking to stop the national convention was filed by some aggrieved members of the PDP, namely; Mr. Austin Nwachukwu (Imo PDP Chairman), Mr. Amah Nnanna (Abia PDP Chairman) and Turnah George (PDP Secretary, South-South).
Defendants in the suit are the Independent National Electoral Commission (INEC), PDP, Samuel Anyanwu, National Secretary of the party, Umar Bature, National Organizing Secretary of the party, NWC and NEC of the party, Amb. Umar Damagum, Ali Odefa and Emmanuel Ogidi.
During hearing of the case, Mr. Joseph Daudu (SAN), who represented the three aggrieved members had urged the court not to treat the complaints of the plaintiffs as internal affairs of the party but a step to enforce adherence to the 1999 Constitution, Electoral Act 2022 and the PDP Constitution.
Daudu argued that Nigeria’s Constitution makes mandatory for the INEC to monitor Congresses of political parties before they can be valid.
He also submitted that the complaint of the three aggrieved members of PDP was that no valid Congresses were conducted in the 14 States before the PDP NWC and NEC issued notice for the November 16 and 17, Convention.
On the other hand, the acting National Chairman of the party, Amb. Damagum represented by Mr. Paul Erokoro (SAN), had asked the judge to decline jurisdiction on the ground that issues of Convention and Congresses are internal affairs of the party.
His position aligned with that of Mr. Eyitayo Jegede (SAN), who stood for the National Working Committee (NWC) and the National Executive Committee (NEC) to the effect that courts cannot dabble into the internal affairs of the party.
Meanwhile, another Federal High Court in Abuja had earlier on Friday, October 31, refused to grant an application filed by former Gov. Sule Lamido of Jigawa.
The application sought an order restraining the PDP from proceeding with its scheduled national convention.
Lamido, in the motion ex parte moved by his lawyer, Mr. Jeph Njikonye (SAN), had urged the court to make the interim order, pending the hearing and determination of the motion on notice filed alongside it.
Justice Peter Lifu, in a ruling, ordered the PDP and the INEC, who are defendants in the suit to come and show cause why the ex-governor’s reliefs should not be granted.
He gave the defendants 72 hours from the date of service to respond and adjourned the case until November 6 for a hearing.
The former Jigawa governor had dragged PDP to court over claim that he that he was “unlawfully and illegally denied” access to the nomination form required to contest for the position of PDP national chairman at national convention of the party scheduled for November 15 and 16 in Ibadan, Oyo State.
Lamido also said the PDP violated the provisions of its constitution and internal guidelines, which guarantee equal opportunity for all eligible members to participate in internal elections by denying him the opportunity of obtaining the form.
He claimed that the convention’s planning process had excluded key stakeholders and failed to adhere to the party’s constitutional requirements.
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