Justice James Omotosho of the Federal High Court in Abuja has issued a restraining order preventing the Peoples Democratic Party (PDP) from proceeding with its planned national convention scheduled for November 15 and 16 in Ibadan, Oyo State. The court also barred the Independent National Electoral Commission (INEC) from recognizing or giving effect to any outcomes from a convention conducted in violation of legal and party guidelines.
![](https://thenigerialawyer.com/wp-content/uploads/2025/05/idrinstitute.png")
The ruling, delivered in suit number FHC/ABJ/CS/2120/2025, arose from a legal challenge filed by three aggrieved PDP members: Hon. Austin Nwachukwu (Imo State PDP Chairman), Hon. Amah Abraham Nnanna (Abia State PDP Chairman), and Turnah Alabh George (PDP Secretary, South-South Zone). The plaintiffs contended that the party had failed to comply with the 1999 Constitution (as amended), the Electoral Act, INEC guidelines, and the PDP Constitution, particularly by attempting to convene a convention without conducting valid state congresses.
In his judgment, Justice Omotosho emphasized the need for transparency, accountability, and adherence to statutory and party regulations. Key determinations include:
- Representation Authority: Only the PDP’s National Legal Adviser is authorized to represent the party or appoint external solicitors. Consequently, all legal processes filed by Chief Chris Uche and Eyitayo Jegede on behalf of the defendants were set aside and expunged.
- Membership and Leadership Disputes: The court upheld the expulsion of Ali Odefa from the PDP, noting no evidence of a pending appeal. All meetings, decisions, and processes involving Odefa were declared invalid and expunged. Similarly, relying on a prior order by Justice Ekwo, the judge affirmed Chief Dan Osi Orbih as the lawful National Vice Chairman (South-South Zone), nullifying Chief Emmanuel Ogidi’s role. Both PDP and INEC were ordered not to recognize or engage Ogidi in any capacity, with his filed processes also expunged.
- Procedural Lapses: The court highlighted critical failures, including the absence of statutory notices signed by National Secretary Senator Samuel Anyanwu and the non-conduct of valid congresses in several states. These deficiencies, Justice Omotosho observed, undermine the legitimacy of the convention and the broader democratic process.
The nine defendants in the suit PDP, INEC, Senator Samuel Anyanwu (National Secretary), Umar Bature (National Organizing Secretary), the National Working Committee (NWC), the National Executive Committee (NEC), Ambassador Umar Iliya Damagum (acting National Chairman), Ali Odefa, and Emmanuel Ogidi were held accountable for these breaches.
To address the identified violations and prevent further electoral irregularities, Justice Omotosho mandated the following corrective measures:
- PDP must immediately regularize its internal processes, including conducting valid state congresses across all zones.
- Any rescheduled convention requires a mandatory 21-day notice to INEC and relevant stakeholders.
- INEC is expressly barred from validating or giving effect to any convention that disregards these requirements.
The judge reiterated that INEC has no authority to validate a convention conducted in disregard of these requirements, reinforcing the judiciary’s role in upholding due process and democratic standards within political parties.
A timely new publication, Casebook on Privacy & Data Protection in Nigeria, co-authored by Olumide Babalola and Uchenna Nnawuchi,📘Casebook on Privacy & Data Protection in Nigeria is now available on Amazon:https://a.co/d/8TmFZrd
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
_____________________________________________________________________
