Members of the Peoples Democratic Party (PDP) were on Friday thrown into confusion following two court judgments on the forthcoming national convention of the party.
While a Federal High Court in Abuja restrained the Independent National Electoral Commission (INEC) from recognising the outcome of the convention, another Federal High Court in Abuja refused to grant an application filed by former governor Sule Lamido of Jigawa State, seeking an order restraining the PDP from proceeding with its scheduled national convention.
Justice James Omotosho issued the order restraining INEC 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.
The judge held that evidence from the electoral umpire and some of the respondents in the case 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 recognising the outcome of the convention slated for Ibadan, until the law has been complied with.
Three aggrieved members of the party instituted the case. They 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 Joseph Daudu (SAN). The suit is seeking to stop the planned November 15 and 16, National Convention of the PDP.
The nine defendants are: INEC, PDP, Samuel Anyanwu, National Secretary of the party; Umar Baturrle, National Organising Secretary of the party; NWC and NEC of the party, Umar Iliya Damagum, Ali Odefa and Emmanuel Ogidi.
During the proceedings, Daudu, 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.
The senior lawyer had argued that Nigeria’s Constitution makes it mandatory for INEC to monitor Congresses of political parties before they can be valid.
He said that the complaint of the three aggrieved members was that valid congresses were not conducted in the 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, 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 NWC and the NEC, aligned with his position to the effect that courts cannot inquire into the internal affairs of the party.
Meanwhile, Lamido, in a motion ex-parte moved by his lawyer, Jeph Njikonye (SAN), had prayed the court to make the interim order, pending the hearing and determination of the motion on notice filed alongside.
However, Justice Lifu, in a ruling, ordered the PDP and INEC, the defendants in the suit, to appear in court to show cause why the ex-governor’s reliefs should not be granted.
Lamido, who is the plaintiff in the fresh suit marked: FHC/ABJ/CS/2299/2025, named the PDP and INEC as 1st and 2nd defendants.
Justice Lifu, who gave the defendants within 72 hours from the date they were served to respond, adjourned the matter until November 6 for hearing.
In the ex-parte motion dated and filed on October 28 by his team of lawyers led by Njikonye, Lamido sought two orders: “An interim order of the honourable court restraining the 1st defendant from conducting its national convention scheduled to hold in Ibadan, Oyo State (or any other place or state) on Nov. 15 and Nov. 16 or any other date(s).
“An interim order of court restraining the 2nd defendant (INEC) from monitoring, supervising and recognising the 1st defendant’s national convention”.