The Federal High Court sitting in Abuja has stopped the Independent National Electoral Commission (INEC) from recognizing the outcome of the forthcoming National Convention of the Peoples Democratic Party (PDP) scheduled for November 15 and 16, 2025, in Ibadan, Oyo State.
Justice James Omotosho issued the restraining order on Friday while delivering judgment in a suit filed by three aggrieved members of the opposition party, who challenged the legality of the planned convention.
The judge held that the PDP failed to comply with several key legal and procedural requirements for conducting valid congresses and conventions, as required by the 1999 Constitution, the Electoral Act 2022, and the PDP Constitution.
According to the judgment, evidence provided by INEC and some of the respondents showed that congresses were not held in several states across the federation, a violation the court described as fundamental.
Justice Omotosho also ruled that the signing of official notices and correspondence by the PDP’s acting National Chairman Ambassador Umar Iliya Damagum without the co-signature of the National Secretary rendered such documents invalid.
He said that under the law, both the chairman and secretary must sign notices relating to party congresses and conventions for them to have legal backing.
In addition, the court found that the PDP failed to issue the mandatory 21-day notice to INEC before holding its meetings and congresses. The judge said this failure denied INEC the opportunity to perform its constitutional duty of monitoring such gatherings.
“The failure of the Peoples Democratic Party to comply with the provisions of the law has put the planned national convention in jeopardy,” Justice Omotosho ruled. “Until these defects are corrected, INEC is restrained from receiving, publishing, or recognizing the outcome of any national convention organized by the party.”
The case was filed by three PDP officials: Austin Nwachukwu, the Imo State PDP chairman; Amah Abraham Nnanna, the Abia State PDP chairman; and Turnah Alabh George, the South-South Zonal Secretary of the party.
Their suit, marked FHC/ABJ/CS/2120/2025, was filed through their counsel, Joseph Daudu (SAN). They asked the court to stop the PDP from going ahead with its November convention until the party complied with the necessary constitutional and legal provisions.
The nine defendants in the suit include INEC, the PDP, Senator Samuel Anyanwu, the party’s National Secretary, Umar Baturrle, the National Organizing Secretary, the National Working Committee (NWC), the National Executive Committee (NEC), as well as Ambassador Umar Iliya Damagum, Ali Odefa, and Emmanuel Ogidi.
During the hearing, Daudu urged the court not to dismiss the case as an internal party matter but as an issue involving adherence to the Constitution of Nigeria and the Electoral Act, which empower INEC to monitor all political party activities, including congresses and conventions.
He argued that the plaintiffs’ complaint was that no valid congresses were conducted in 14 states before the PDP’s leadership issued notices for the Ibadan convention, making the entire process unlawful.
Daudu maintained that “since INEC is required by law to monitor congresses before they become valid, any convention built on invalid congresses cannot stand.”
However, the acting National Chairman of the PDP, Ambassador Damagum, represented by Paul Erokoro (SAN), urged the court to dismiss the suit for lack of jurisdiction. He argued that the conduct of congresses and conventions are purely internal affairs of a political party and therefore not subject to judicial interference.
Similarly, Eyitayo Jegede (SAN), who represented the PDP’s National Working Committee (NWC) and National Executive Committee (NEC), aligned with Erokoro’s position. He said Nigerian courts have consistently held that internal party matters — such as zoning, selection of delegates, and conduct of conventions — should not be decided by the judiciary.
But Justice Omotosho disagreed, ruling that the case was not merely an internal party dispute but a matter involving compliance with national laws that regulate political party operations.
He explained that while parties have internal autonomy, they must still follow legal procedures, particularly where INEC’s monitoring role is required.
“The court will not sit idle when statutory provisions of the Electoral Act and the Constitution are violated under the cover of internal party affairs,” the judge said.
He therefore restrained INEC from accepting, publishing, or recognizing the result of any national convention conducted by the PDP until the party complies fully with all legal requirements.
The decision has now thrown the PDP’s planned convention — meant to elect new national officers — into uncertainty, with the possibility of further appeals and political negotiations ahead of the 2025 electoral cycle.
