The three-man panel of justices led by Justice Mohammed Danjuma of the Court of Appeal in Abuja Monday upheld the judgment of the Federal High Court in Abuja which in October 31, 2025 restrained the Independent National Electoral Commission (INEC) from recognising the outcome of the 2025 National Convention of the Peoples Democratic Party (PDP).
The national convention it would be recalled was conducted between November 15 and 16, 2025 in Ibadan, Oyo state capital.
While delivering judgment in an appeal against the Federal High Court decision, Justice Uchechukwu Onyemenam held that PDP violated constitutional provisions required before such convention can become valid.
Justice Onyemenam said no valid notice of convention was served on the INEC as required by law.
The appellate Court also held valid congresses were not held in more than 14 states as provided by law before 2025 convention was put in place.
Justice Onyemenam held further that the case of the aggrieved PDP members who instituted the case against the party was not on internal affairs of the party as erroneously held but the desire to force INEC to comply with its statutory functions in relation to party conventions.
Having failed to comply with the relevant laws, the Court of Appeal held that the Federal High Court was right in assuming jurisdiction and grant restraining order against INEC from accepting or recognising the outcome of the PDP 2025 national convention.
“Non compliance with the 1999 Constitution, Electoral Act 2022 and party Constitution and Guidelines are at the hearts of democratic governance and compliance must be strictly enforced in the interest of democracy,” it held.
Justice James Omotosho had, on October 31, 2025, issued the order that restrained INEC from recognizing the outcome of the Ibadan convention until all provisions of the laws are complied with.
The judge predicated the decision on the grounds that the PDP failed to comply with relevant conditions and laws for the conduct of such conventions.
The judge had held that evidence provided by the electoral umpire, and some of the aggrieved PDP members showed that congresses were not held in some states of the federation in breach of the law.
In addition, the lower court had also held that the signing of notices and correspondence of the PDP by its National Chairman without the National Secretary violated the law and consequently made such notices and correspondences a nullity.
Besides, Justice Omotosho held that the PDP failed to issue the mandatory 21-day notice of meetings and congresses to enable INEC to carry out its mandatory duty of monitoring such meetings and congresses
Justice Omotosho held that the failure of the PDP to comply with the law has put the then planned convention in jeopardy and subsequently advised the PDP to do the necessary before going ahead with the election.
He therefore, restrained INEC from receiving, publishing, or recognizing the outcome of the convention slated for Ibadan until the law has been complied with.
Three aggrieved members of the party who instituted the case are Austin Nwachukwu (Imo PDP chairman), Amah Abraham Nnanna (Abia PDP chairman), and Turnah George (PDP Secretary, South-South).
The suit marked FHC/ABJ/CS/2120/2025 was instituted on their behalf by a Senior Advocate of Nigeria SAN, Joseph Daudu.
The plaintiffs had asked the court to stop the planned November 15 and 16, 2025 National Convention of PDP, scheduled for Ibadan in Oyo State, where new national officers are expected to be elected.
The nine defendants are Independent National Electoral Commission (INEC), PDP, Samuel Anyanwu, National Secretary of the party, Umar Bature National Organizing Secretary of the party, NWC and NEC of the party, Ambassador Umar Iliya Damagum, Ali Odefa and Emmanuel Ogidi.
In the same vein, the appellate court in another landmark judgment also affirmed the suspension of several high-ranking National Officers of the PDP, including the National Secretary, Senator Samuel Anyanwu; National Organising Secretary, Hon. Umar Bature; and National Legal Adviser, Kamaldeen Ajibade, SAN.
The appellate court’s decision upholds the earlier resolution by the party’s National Working Committee (NWC), effectively dismissing the legal challenges mounted by the embattled officers.
In its lead judgment, the court validated the disciplinary processes initiated by the PDP, citing the supremacy of the party’s constitution in internal administrative matters.
The court, by its pronouncements, recognized the power of the NWC to suspend officers found to be in violation of party discipline and constitutional provisions.
Similarly, all prayers seeking to nullify the suspension and reinstate the officers to their respective positions were dismissed for lacking in merit.
The suspension of the officers it would be recalled followed allegations of anti-party activities and conduct “inconsistent with the provisions of the PDP Constitution.”
