On Arise TV’s Newsnight program aired yesterday, Oluwole Osaze-Uzzi, a prominent lawyer, former Director of Legal Services at the Independent National Electoral Commission (INEC), and ex-Attorney General and Commissioner for Justice in Edo State, dissected the legal complexities surrounding conflicting court rulings on the Peoples Democratic Party’s (PDP) upcoming national convention.
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The PDP, Nigeria’s main opposition party, is embroiled in a factional dispute that has spilled into the courts, resulting in contradictory orders from courts of coordinate jurisdiction. The Federal High Court in Abuja issued a ruling barring the convention, while the Oyo State High Court countered with an order directing INEC to monitor and ensure it goes ahead.
Speaking from multiple professional perspectives, Osaze-Uzzi warned that this standoff places INEC in a precarious position, potentially exposing the commission to contempt charges regardless of its actions.
Wearing his “INEC hat,” Osaze-Uzzi said, “In obeying one court order, you’re going to disobey another one. So you can easily be cited for contempt for that which you do not obey.” He cited historical precedents such as the 2019 Zamfara State crisis, where conflicting high court orders escalated to the Supreme Court, ultimately nullifying APC victories despite electoral wins.
To navigate such scenarios, INEC traditionally adheres to the “most current order” the latest in time an internal policy developed under former chairs like Mahmood Yakubu. However, with the commission under new leadership, Osaze-Uzzi noted uncertainty: “Whether the new chairman will follow that… the commission has to study both orders.” He also clarified that the Oyo ruling is an ex parte decision, leaving room for further developments, including a scheduled court session on Monday for filing of motions.
From a legal standpoint, Osaze-Uzzi stressed that the PDP was the defendant in the Abuja case and has since appealed, potentially seeking a stay of execution. Absent such a stay, INEC is bound by the “positive order” from Oyo, which it has already acted upon by inviting observers to the convention. He warned that withdrawing now could be inconsistent and legally vulnerable, given INEC’s monitoring of the party’s ward, local government, and state congresses.
Osaze-Uzzi also criticized the judiciary’s handling of coordinate court disputes, noting that judges often claim ignorance of parallel rulings or argue that decisions by courts of coordinate jurisdiction are non-binding. Defenders of the Oyo ruling contend it is not truly conflicting, as the parties, facts, and equities differ, despite both targeting the same convention outcome.
Highlighting the broader implications, Osaze-Uzzi warned that judicial fragmentation undermines political stability. Political parties, as “drivers of democracy,” must uphold internal democracy, and courts intervene narrowly only for breaches of the Constitution, Electoral Act, or party constitutions. Dragging the judiciary into political disputes, he cautioned, invites chaos.
With PDP factions at odds—one aligned with the Wike-led group attempting to suspend the convention, while the “authentic” wing appeals the Abuja ruling—INEC faces the risk of acting in conflict with a superior court’s eventual decision. Osaze-Uzzi cited precedents:
- Zamfara 2019: Supreme Court invalidated APC wins, reinstating PDP candidates.
- Anambra 2006: Andy Uba’s 17-day governorship was overturned, restoring Peter Obi’s tenure and triggering off-cycle elections.
- PDP internal disputes: Cases where declared winners were later unseated, with rightful candidates reinstated.
“INEC will have to do what it has to do,” Osaze-Uzzi said, “but superior courts hold options open to unwind results, even after the fact.” He lamented the repetition of such scenarios, despite promises from chief justices to prevent them.
As Nigeria gears up for the 2027 elections, Osaze-Uzzi urged caution and restraint, emphasizing, “It’s a situation we should never ever have to find ourselves in.”
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