On October 31, 2025, Justice J.K. Omotosho of the Federal High Court in Abuja delivered a 95-page judgment barring the Peoples Democratic Party (PDP) from proceeding with its scheduled national convention on November 15–16, 2025, in Ibadan, Oyo State.
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The suit was filed by Hon. Austine Nwachukwu (PDP Chairman, Imo State), Hon. Amah Abraham Nnanna (PDP Chairman, Abia State), and Turnah Alabo George (PDP South-South Zonal Secretary). The plaintiffs challenged the PDP’s convention preparations, alleging gross violations of internal democratic processes and electoral laws, including failure to conduct transparent state congresses for electing delegates.
Defendants included the PDP, the Independent National Electoral Commission (INEC), PDP National Chairman Amb. Umar Ilyya Damagum, National Secretary Senator Samuel Anyanwu, Organizing Secretary Hon. Umar M. Bature, and others. The plaintiffs, represented by J.B. Daudu (SAN), accused the PDP of “deliberate refusal or clear disobedience” of electoral guidelines.
The PDP, represented by Chief Chris Uche (SAN), argued that the suit was incompetent and that INEC lacked jurisdiction over internal party matters. However, INEC’s counsel, Mohammed Ayuba, acknowledged that while notices had been issued for 36 states, significant procedural deficiencies existed in the PDP’s processes.
The court affirmed the suit’s justiciability, rejecting the PDP’s objections on non-justiciability of internal affairs, lack of locus standi, failure to exhaust internal remedies, and unauthorized legal representation. Justice Omotosho ruled that only the PDP National Legal Adviser has the authority to approve legal representation for the party, and filings made by unauthorized lawyers were accordingly expunged from the record.
Key Court Findings on Non-Compliance
The court declared the PDP’s preparations invalid due to multiple breaches of the Nigerian Constitution, Sections 82 and 85 of the Electoral Act 2022, and the INEC Regulations and Guidelines for Political Parties 2022.
Key findings include:
- Defective State Congresses: The PDP failed to conduct mandatory and transparent state congresses in several states, including Imo, Abia, and the South-South zone, resulting in no validly elected delegates. The court held that “there is no foundation for a valid national convention.”
- Improper Notices: State congress notices did not meet the 21-day requirement for submission to INEC, lacked details such as venue, time, and mode of conduct, and were not jointly signed by the National Chairman and National Secretary. Notices issued solely by the Chairman were deemed “arbitrary” and in “clear breach of statutory provisions.”
- Invalid NEC Meeting: The PDP’s National Executive Committee (NEC) meeting of October 15, 2025, was declared invalid due to non-compliance, further undermining the legitimacy of subsequent processes.
- INEC’s Role: INEC was found to be “duty bound” to enforce democratic standards, monitor party activities, and nullify non-compliant proceedings by exercising its powers under Section 85(5) of the Electoral Act 2022.
Justice Omotosho stated: “This non-compliance makes the acts of the [PDP] invalid and a nullity,” emphasizing that the planned convention could not lawfully proceed without rectifying these lapses.
Reliefs and Orders Granted
The court issued broad declaratory, injunctive, and mandatory orders in favor of the plaintiffs:
| Category | Key Orders |
|---|---|
| Declaratory Reliefs | • INEC must ensure that the PDP adheres to democratic standards in its congresses, conventions, and other affairs.• The PDP cannot hold its national convention without validly conducted state congresses and full compliance with the law.• INEC must not recognize outcomes of any PDP congress, meeting, or convention held in violation of the law.• All defective notices and preparatory acts by the PDP are invalid. |
| Injunctive Reliefs | • The PDP is restrained from issuing notices or proceeding with its convention until proper frameworks are in place to allow full participation by all members or duly elected delegates.• INEC is barred from accepting or recognizing outcomes of any PDP meeting or convention that fails to comply with statutory provisions.• The PDP is prohibited from holding NEC, Caucus, or Working Committee meetings without valid notice issued from the National Secretary’s office. |
| Mandatory Orders | • PDP leaders, including the National Chairman, Secretary, and Organizing Secretary, must issue fresh, jointly signed notices for affected states and zones.• INEC is directed to enforce full compliance, with non-compliance rendering all proceedings null and void.• The PDP must conduct proper state congresses before any national convention can be convened. |
Hon. Austine Nwachukwu vs INEC & PDP
Failure to comply with the judgment, the court warned, would render all related activities and outcomes null and void with immediate effect.
PDP’s Defense and Court’s Rejection
The PDP maintained that the case was premature and that its internal operations were beyond judicial scrutiny. However, Justice Omotosho dismissed these arguments, holding that “laws and regulations must be obeyed” and that INEC’s oversight role is essential to upholding democracy.
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