The Court of Appeal, Abuja Division, on Tuesday adjourned sine die (indefinitely) for ruling on motion brought before it by the Turaki-led faction of the Peoples Democratic Party (PDP) seeking to file fresh evidence in an appeal against the Federal High Court judgments stopping the November 15 and 16 national convention of the party held in Ibadan, the Oyo state capital.
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During the proceedings on Tuesday, on appeal numbered CA/ABJ/CV/1695/2025, with former Jigawa state governor, Alhaji Sule Lamido, INEC, Austin Nwachukwu, Amah Abraham Nnanna and Turnah George as respondents, Counsel to the appellant, Chief Chris Uche, SAN told the court that the appellant filed a motion seeking time to file a reply brief to motions filed by the 2nd, 3rd to 5th respondents in the appeal.
He also moved another motion filed on December 22, seeking leave of the court to adduce fresh evidence in the matter.
Joseph Daudu, SAN who represented the 3rd, 4th and 5th respondents in the appeal, along with counsel to other respondents, opposed the motion and urged the court to dismiss it.
Daudu said the purported fresh evidence had always been available to the appellant/applicant, adding that they are not fresh evidence and that decision on the main appeal will address the issue of the fresh evidence.
After taking arguments from parties on the appellant’s motion seeking to adduce fresh evidence, the three-member panel of Justices of the appellate court adjourned ruling on the motion to a date that would be communicated to parties.
The court then adjourned till Thursday, February 12 for adoption of addresses in all the appeals that arose from three judgements of the trial court on the 2025 national convention of the PDP that was held in Ibadan, the Oyo state capital.
Legal fireworks to determine the legality or otherwise of the National Convention of the Peoples Democratic Party (PDP), held in Ibadan, Oyo State, begins at the Court of Appeal, in Abuja on February 12, 2026.
A three-member panel of the appellate court led by Justice Mohammed Danjuma on Tuesday fixed the date for hearing in the eight appeals filed against the November 15 and 16, 2025, national convention of the PDP that produced the Tanimu Turaki-led national executive of the party.
At Tuesday’s proceedings, the appellate court entertained separate eight appeals which emanated from three separate judgments on the national convention held last year in Ibadan, the Capital of Oyo State.
The appeals were filed by the pro-Oyo State Governor, Seyi Makinde group who wants to rescue the party from the grab of loyalists of the Federal Capital Territory (FCT) Minister, Nyesom Wike.
Two judges of the Abuja division of the Federal High Court had stopped the PDP from proceeding with the convention while a High Court in Ibadan gave the party the go-ahead and had also ordered INEC to monitor, supervise and recognize the outcome of the convention.
Justice Olaniran Akintola of Oyo State High Court had in a ruling in an ex-parte application brought by a member of the PDP in Oyo State, Mr. Folahan Malomo Adelabi, ordered the INEC to attend and monitor the national convention for the election of new national officers of the party.
Akintola’s order came barely 72 hours after Justice James Omotosho of the Federal High Court in Abuja gave a contrary order to INEC.
Akintola, specifically restrained the defendants in the suit marked 1336/2025, from acting in any manner whatsoever that would truncate or frustrate “the Guidelines, Timetable and Schedule of Activity and/or disrupting, preventing and or stopping the conduct of the Scheduled National Convention of the Peoples Democratic Party (PDP) fixed for November 15 and 16, 2025 at Ibadan to elect officers of the said party at national, pending the hearing and determination of motion on notice”.
Earlier in October 2025, Justice James Omotosho of the Federal High Court in Abuja stopped the PDP from proceeding with its planned national convention.
In the suit marked FHC/ABJ/CS/2120/2025, Justice James Omotosho ordered that the convention be halted until the party complies with the statutory requirements of its constitution, the Nigerian Constitution, and the Electoral Act.
The suit was instituted by three aggrieved members of the party, Austin Nwachukwu (Imo PDP Chairman), Amah Abraham Nnanna (Abia PDP Chairman), and Turnah George (PDP Secretary, South-South).
They asked the court to stop the PDP’s scheduled national convention in Ibadan, where new national officers were expected to be elected, arguing that the planned convention violated the Electoral Act and the PDP’s internal rules.
According to Omotosho, INEC should not participate or give recognition to the outcome of the Ibadan convention of the PDP.
Omotosho in a judgment stopped the electoral umpire from giving “recognition to any convention not done in line with the law.”
“INEC should not accept the results of any convention in breach of the law”, Omotosho had held.
He also restrained INEC from putting in its website any action done in breach of the electoral act or any other laws.
Justice Omotosho had based his decision on grounds that the PDP violated its own laws in the build up to the national convention.
He pointed out that contrary to the submissions of the respondents, the case of the plaintiffs goes beyond the purview of “Internal Affairs” of the PDP.
Omotosho, who stated that internal affairs of political parties is a no-go area for the court, observed that the plaintiffs are not contending leadership but the need for INEC to perform its statutory duty of ensuring that political parties abide by the electoral laws, guidelines and regulations on meetings, congresses, primaries and conventions.
“A suit challenging the executive decision of INEC is not an internal affairs of a political party” Omotosho said, holding that: “1st defendant is saddled with the responsibility of monitoring, making regulations and guidelines for the conduct of party’s primary, congresses and conventions”.
According to Omotosho, the PDP failed to comply with relevant conditions and laws for the conduct of its convention slated for November 15 and 16, in Ibadan, hence INEC should not recognize the outcome of the election.
Omotosho stated that INEC may not be able to stop political parties from conducting their meetings, congresses and conventions, the Electoral Act empowers it to “invalidate such deficient meetings, congresses and conventions”, to serve as a punitive measures to check abuses.
It would be recalled that Justice Peter Lifu of the Federal High Court in Abuja on November 11, 2025 stopped the PDP from proceeding with its planned national convention scheduled to take place in Ibadan, Oyo State, between November 15 and 16.
The court also barred the Independent National Electoral Commission (INEC) from supervising, monitoring, or recognising any outcome from the planned convention where national officers were expected to be elected.
Justice Lifu issued the restraining order while ruling on an application filed by the former Jigawa State Governor, who sued the party, alleging that he was unjustly denied the opportunity to purchase the nomination form for the national chairmanship position, thereby excluding him from the exercise.
Justice Lifu said the order became necessary because the PDP failed to comply with the relevant legal requirements guiding the conduct of such conventions.
He noted that evidence before the court showed the party did not publish the timetable for the exercise as required by law, and therefore acted in breach of due process.
The judge further held that the balance of convenience favoured Lamido, as he would suffer greater harm if unlawfully excluded from the process.
The Court of Appeal had on Tuesday agreed to look into the merit or otherwise of claims and counter claims of parties in all the appeals and make informed decisions during the February 12 hearing that will give life into the PDP.
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