Justice Ladiran Akintola of the Oyo State High Court, Ibadan, has affirmed the validity of the 2025 Elective Convention of the Peoples Democratic Party (PDP) which produced Dr. Kabiru Turaki as the substantive chairman of the party.
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Delivering judgment in Suit No. I/1336/2025 on Friday, the court upheld the amended originating summons filed by Musibau Adetunmbi (SAN) on behalf of the claimant, Folahan Malomo Adelabi, who was a candidate at the convention.
Justice Akintola granted all 13 reliefs sought, ruling that the convention complied with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, the Electoral Act 2022 (as amended), and other relevant electoral laws.
The court further dismissed the motions seeking a stay of proceedings and suspension of the ruling, filed by Sunday Ibrahim (SAN) on behalf of Austin Nwachukwu and two others, who described themselves as interested parties belonging to a faction within the party opposed to the convention.
The judge had earlier rejected their application for joinder, describing it as lacking merit.
Among the issues formulated for determination before the Court was whether, having regard to the express provisions of Articles 33(7), 47(1) and (2) of the party’s Constitution (as amended in 2017) and Section 223(2)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st to 3rd Defendants were entitled, in any manner whatsoever, to truncate, frustrate, disrupt, prevent or stop the scheduled elective National Convention fixed for 15 and 16 November 2025 in Ibadan, Oyo State, for the purpose of electing national officers of the party.
The court also considered whether it was not evident that the 1st Defendant (PDP) had complied with all necessary requirements, including the issuance of the requisite statutory notice, for the conduct of the National Convention.
In granting the reliefs, the court declared that, by virtue of Section 40 of the 1999 Constitution (as amended), the Defendants were under an obligation to ensure that the claimant’s right to freedom of peaceful assembly and association was not infringed.
It further declared that any failure to conduct and hold the National Convention would amount to an infringement of that constitutional right.
The court held that, pursuant to Sections 223(1)(a) and 223(2)(a) of the 1999 Constitution, Section 82(1) and (2)(a) of the Electoral Act 2022, and the notice issued to the Independent National Electoral Commission (INEC) on 29 August 2025, all necessary modalities and conditions for the holding of the elective National Convention had been duly satisfied, irrespective of whether INEC monitored the exercise or not.
In a consequential declaration, the court held that the National Convention convened on 15 and 16 November 2025 pursuant to its orders of 3 November 2025, renewed on 14 November 2025, was legal and valid.
It ruled that, as INEC was a party at the time the interim orders were made and renewed, the outcome of the convention was binding on the Commission and that it was obliged to give effect to all decisions reached thereat.
The court consequently directed INEC to continue to give perpetual effect to the outcome of the convention, pending any contrary pronouncement by a higher court.
Justice Akintola held that the convention, organised by the recognised leadership of the party, satisfied all laid-down legal requirements as stipulated in the 1999 Constitution of the Federal Republic of Nigeria and the Electoral Act.
The court said it found no breach of due process or statutory non-compliance in the conduct of the exercise.
In the same proceedings, the court dismissed the Motion on Notice seeking a stay of proceedings and suspension of the ruling, filed by Sunday Ibrahim (SAN) on behalf of Austin Nwachukwu and two others, describing the applications as lacking merit.
The judge had earlier rejected their application for joinder on similar grounds.
In a sideline interview, counsel to the applicant, Adetunmbi (SAN), said the court was unequivocal that the convention held on November 15 and 16, 2025, was legally conducted and valid.
“The court made it clear that the convention held on the 15th and 16th was lawfully convened, valid and proper. Since it formed part of a subsisting court order — and INEC was present when that order was made — all authorities, including INEC, are bound to give effect to the outcome of that convention.
“The convention remains valid unless and until there is a contrary pronouncement from an appellate court.
“The court examined the judgment and held that INEC was duly notified. The duty is to give proper notice to INEC; it is not mandatory that INEC must be physically present.
“The party, the PDP, had indicated its intention to conduct the convention. So there was no basis to suggest that the convention should not hold.
“The claimant has a constitutional right to belong to the PDP and to enjoy the benefits of that membership, including contesting at the convention. He exercised that right, and the court affirmed that the convention in which he participated was validly conducted.
“We sought 13 reliefs, including affirmation of his right to contest, which the court granted. Although the suit was filed before the convention was held, we urged the court to pronounce on the validity of the convention after it was conducted. The court agreed and affirmed its validity. It also held that since INEC was present when the order was made and was duly served, it is bound to recognise and give effect to the outcome.”
Also speaking, Dapo Durosaro of the Oyo State chapter of the PDP said the judgment had laid the matter to rest.
“The convention of November 15 and 16 was held pursuant to an interim order of this court permitting the PDP to proceed with its planned convention. This is a final judgment validating that convention held in Ibadan.
“The PDP demonstrated before the court that it complied fully with the provisions of the law. The court observed that all statutory requirements under the Electoral Act were met and that due notices were served on INEC.
“All state congresses were duly conducted, and their reports were also served on INEC.
“That is why the court ruled that the convention was validly held.”
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