Appeal court affirms judgment stopping INEC from recognising PDP Ibadan convention

The Court of Appeal in Abuja has upheld the judgment of the Federal High Court restraining the Independent National Electoral Commission (INEC) from recognising the outcome of the Peoples Democratic Party (PDP) national convention held in Ibadan, Oyo State.

In a unanimous judgment delivered by a three-member panel led by Uchechukwu Onyemenam, the appellate court dismissed an appeal filed by a faction of the PDP led by former Minister of Special Duties, Kabiru Turaki, SAN, which challenged the jurisdiction of the lower court to entertain the suit.

The appeal was one of nine consolidated appeals brought by the Turaki-led faction against the October 31, 2025 judgment of the Federal High Court in Abuja that barred INEC from validating the outcome of the party’s November 15–16, 2025 national convention in Ibadan.

In its ruling, the Court of Appeal held that the Federal High Court was competent to hear the case, rejecting the appellants’ argument that the dispute was merely an internal party matter.

The court ruled that the appellants could not “repackage a clear violation of the party constitution and that of the Constitution of the Federal Republic of Nigeria as an internal party affair.”

Justice Onyemenam further held that the PDP failed to comply with the constitutional and statutory requirements necessary to convene a valid national convention.

Among other findings, the court noted that no valid notice of the convention was served on INEC as required by law, and that valid congresses were not conducted in more than 14 states before the convention was held.

The appellate court emphasised that adherence to the provisions of the 1999 Constitution, the Electoral Act 2022 and party regulations is fundamental to democratic governance.

“Non-compliance with the 1999 Constitution, Electoral Act 2022 and party Constitution and Guidelines are at the heart of democratic governance, and compliance must be strictly enforced in the interest of democracy,” the court held.

The court subsequently dismissed the appeal and awarded ₦2 million in costs against the appellants.

Earlier, James Omotosho of the Federal High Court, in his October 31, 2025 judgment, restrained INEC from receiving, publishing or recognising the outcome of the convention until the party complied with relevant legal provisions.

The trial judge held that evidence before the court showed that congresses were not conducted in some states and that the PDP failed to issue the mandatory 21-day notice required to enable INEC to monitor its meetings and congresses.

Justice Omotosho also ruled that notices and correspondence issued by the party’s National Chairman without the endorsement of the National Secretary were invalid.

The suit, marked FHC/ABJ/CS/2120/2025, was filed by three PDP members, Austin Nwachukwu, Imo State PDP chairman; Amah Abraham Nnanna, Abia State PDP chairman; and Turnah Alabh George, the party’s South-South secretary.

Through their counsel, Joseph Daudu, SAN, the plaintiffs asked the court to halt the planned convention at which new national officers of the party were expected to be elected.

Those listed as defendants in the suit included INEC, the PDP, the party’s National Secretary, Samuel Anyanwu; National Organising Secretary, Umar Baturrle; the PDP National Working Committee; the National Executive Committee; Acting National Chairman, Umar Iliya Damagum; as well as Ali Odefa and Emmanuel Ogidi.