Justice Lifu

The Federal High Court of Nigeria, Abuja Judicial Division, presided over by Hon. Justice Peter O. Lifu, delivered a judgment on the 14th of November, 2025. The suit arose from an originating summons filed by the plaintiff under various provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), including Sections 2(1)(g), 6(6)(b)(c), 7(1)(a), 8(1), 11(1)(2), 29(3), 36(1), 34, 47(2), and 49(2)(3)(4), as well as Articles 1(2)(g), 6(6)(v)(2)(3)(0)(1)(h) of the Constitution of the Peoples Democratic Party (PDP), and the Guidelines for the Conduct of Ward, Local Government Area (LGA), State, Zonal Congresses, and National Convention of the PDP, alongside other ancillary party documents.

The core dispute centered on the PDP’s alleged denial of access to nomination forms for the election of the party’s National Chairman, preventing eligible members, including the plaintiff, from participating in internal party primaries and conventions. The plaintiff sought declaratory and injunctive reliefs to enforce democratic participation within the PDP ahead of its scheduled National Convention on the 15th and 16th of November, 2025, in Ibadan, Oyo State.

Parties Involved

  • Plaintiff: Alhaji Sule Lamido, a PDP member aspiring to contest the position of National Chairman.
  • Defendants:
    1. Peoples Democratic Party (PDP) – accused of breaching its constitution and guidelines.
    2. Independent National Electoral Commission (INEC) – sued for potential involvement in supervising or recognizing the PDP’s convention.
    3. Hon. Austin Nwachukwu – PDP Chairman, Abia State Chapter.
    4. PDP Chairman, Abia State Chapter (possibly overlapping with Defendant 3).
    5. PDP Secretary, Geo-Political Zone – South.

Counsel Representation

  • For the Plaintiff: J.C. Njikonye SAN, Ewere A. Alamese, Esq., Blessing Timothy, Esq., L.O. Samuel, Esq., and L. Obasi, Esq.
  • For the Defendants: Multiple counsel, including O.A. Dada SAN (1st Defendant), Kingsley Magbui, Esq. (2nd Defendant), J.B. Daudu SAN (3rd–5th Defendants), among others.

The court, after hearing arguments, delivered its ruling in favor of the plaintiff, emphasizing the PDP’s constitutional obligation to foster internal democracy and ensure equal access to party positions.

  1. PDP’s Constitutional Obligations
    • The PDP’s constitution and guidelines impose a duty to create an “enabling atmosphere” for any eligible party member, including Alhaji Sule Lamido, to contest for any party office, including National Chairman.
    • This includes providing necessary tools, such as nomination forms, to enable aspirants to participate without undue barriers. The court highlighted that this is essential for promoting internal democracy, preventing oligarchic control, and ensuring broad participation.
  2. Breach by the PDP
    • The PDP (1st Defendant) was declared to be in clear breach of its constitution and guidelines by denying the plaintiff access to the nomination form for National Chairman.
    • This denial occurred ahead of the scheduled convention on the 15th and 16th of November, 2025. The court found the act discriminatory and contrary to the party’s rules, which mandate equitable access to internal elections.

Mandatory and Injunctive Orders

  1. Provision of Nomination Forms
    • The PDP was ordered to immediately provide the nomination form to the plaintiff for purchase, allowing him to contest for National Chairman.
    • This applies to the scheduled convention (or any date rescheduled by the PDP National Executive Committee).
  2. Stay of the National Convention
    • The court ordered the PDP National Convention to be put on hold until the plaintiff can access the nomination forms, mobilize resources, and conduct his campaign.
    • Proceeding without compliance would cause irreparable harm and undermine party democracy.
  3. Prohibition on INEC’s Involvement
    • INEC (2nd Defendant) was prohibited from supervising, monitoring, aiding, or recognizing the PDP’s election for National Chairman until the PDP makes the nomination forms available to all eligible aspirants.
    • The injunction applies to the scheduled dates (15th and 16th November 2025) or any alternative dates fixed by the party.
  4. No Order as to Costs
    • Each party bears its own legal expenses.

The judgment reinforces the judiciary’s role in overseeing internal party affairs, particularly under Section 40 of the Constitution (freedom of assembly and association). Justice Lifu emphasized that political parties must operate transparently and inclusively in leadership elections to avoid disenfranchising members like the plaintiff.

The ruling halts the immediate PDP convention, potentially delaying the party’s leadership transition. It sets a precedent for enforcing nomination rights, compelling parties to adhere to their constitutions, and limiting external intervention by INEC in flawed processes.

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Meanwhile ,PDP National Chairman Umar Iliya Damagum cited a recent Supreme Court verdict affirming non-interference by lower courts in internal party affairs, arguing it grants the PDP full autonomy over its processes and supersedes the Federal High Court’s directive.

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