A Federal High Court in Abuja has restrained the Independent National Electoral Commission, INEC, from recognizing the outcome of the forthcoming 2025 National Convention of the Peoples Democratic Party, PDP.
Justice James Omotosho issued the order on Friday while delivering judgment in a suit challenging the legality of the convention.
The judge predicated the decision because the PDP failed to comply with relevant conditions and laws for the conduct of such conventions.
The judge held that evidence provided by 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, Justice 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.
Three aggrieved members of the party who instituted the case are Austin Nwachukwu (Imo PDP chairman), Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South).
The suit marked FHC/ABJ/CS/2120/2025 was instituted on their behalf by a Senior Advocate of Nigeria SAN, Joseph Daudu.
The plaintiffs asked the court to stop the planned November 15 and 16, 2025 National Convention of PDP, scheduled for Ibadan in Oyo State, where new national officers are expected to be elected.
The nine defendants are Independent National Electoral Commission (INEC), PDP, Samuel Anyanwu, National Secretary of the party, Umar Baturrle, National Organizing Secretary of the party, NWC and NEC of the party, Ambassador Umar Iliya Damagum, Ali Odefa and Emmanuel Ogidi.
During the proceedings, Joseph Daudu, who represented the three aggrieved PDP 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.
The senior lawyer had argued that Nigeria’s Constitution makes it mandatory for the Independent National Electoral Commission INEC to monitor Congresses of political parties before they can be valid.
He said the complaints of the three aggrieved members was that no valid Congresses were conducted in 14 states before the PDP NWC and NEC issued notice for the November 16 and 17 Convention.
However, the acting National Chairman of the party, Ambassador Umar Iliya Damagum, represented by 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.
Eyitayo Jegede, SAN, who stood for the National Working Committee NWC, and the National Executive Committee, NEC, aligned with Erokoro’s argument, noting that courts cannot inquire into the internal affairs of a political party.
