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Appeal Court reserves Judgment In PDP convention dispute

by Honesty Victor
February 13, 2026
Reading Time: 3 mins read
PDP writes INEC, submits name of Acting Chairman
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The Court of Appeal, Abuja Division, on Thursday reserved judgment in nine appeals filed by rival factions of the Peoples Democratic Party (PDP) challenging Federal High Court decisions that halted the party’s November 15 and 16, 2025, national convention in Ibadan, Oyo State.

themomentng reports that the convention produced Tanimu Turaki (SAN) as the National Chairman of the PDP, alongside other national officers.

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A three-member panel of the appellate court fixed judgment for a date to be communicated to the parties after counsel adopted all written processes in the appeals.

One of the appeals, marked CA/ABJ/CV/1613/2025, lists the PDP, its National Working Committee and National Executive Committee as appellants.

The respondents include the Independent National Electoral Commission, Austin Nwachukwu, Amah Abraham Nnanna, Turnah George, Samuel Anyanwu, Umar Damagum, Ali Odefa and Emmanuel Ogidi.

Adopting the appellants’ brief filed on November 20, 2025, counsel for the appellants, Chief Chris Uche (SAN), told the court that the appeal challenges the October 31, 2025, judgment delivered by Justice James Omotosho of the Federal High Court, Abuja.

Uche argued that the judgment was delivered without jurisdiction and urged the appellate court to dismiss what he described as “misconceived preliminary objections” and allow the appeal.

He also prayed the court to set aside the judgment and orders of the trial court.

Counsel for the first to third respondents, Joseph Daudu (SAN), while adopting his clients’ preliminary objections and briefs of argument, urged the court to uphold the objections and dismiss the appeal.

He contended that issues relating to the chairmanship of a political party were internal matters beyond the jurisdiction of the Federal High Court and asked the appellate court to set aside the judgment.

Other respondents aligned with the position, urging the court to dismiss the appeal on the grounds that it lacked merit and amounted to an academic exercise.

The nine appeals stem from three separate judgments delivered by Justices James Omotosho, Peter Lifu and Joyce Abdulmalik of the Federal High Court, Abuja.

In his October 30, 2025, judgment, Justice Omotosho restrained the PDP from holding its planned 2025 national convention until it complied with statutory requirements under the party’s constitution and the Electoral Act.

The suit was instituted by three aggrieved party members, Austin Nwachukwu (Imo PDP chairman), Amah Abraham Nnanna (Abia PDP chairman), and Turnah Alabh George (PDP Secretary, South-South) — who sought to halt the convention over alleged violations of electoral laws.

Omotosho held that INEC was responsible for ensuring compliance with the Constitution and the Electoral Act in the conduct of meetings, congresses and conventions of political parties.

He restrained the electoral body from accepting or recognising the outcome of any PDP convention not conducted in accordance with due process, guidelines and regulations.

The judge ruled that INEC was not entitled to give effect to the outcome of a convention not conducted in line with the Constitution, Electoral Act and party regulations.

He further held that the PDP could not convene its convention until necessary requirements were met and restrained INEC from publishing the outcome on its website.

Justice Omotosho ordered that a valid notice of the convention must be issued and signed by both the national chairman and national secretary of the party.

The court found that congresses were not held in some states in breach of the law and declared that notices signed solely by the national chairman without the national secretary were null.

He also held that the PDP failed to issue the mandatory 21-day notice to INEC, thereby jeopardising the planned convention.

According to him, noncompliance with INEC rules and regulations was not an internal party matter, stressing that INEC had the power to issue subsidiary legislation for the conduct of political parties and that “subsidiary legislation has the force of law.”

“This brought this matter outside the realm of internal affairs of the party and confers jurisdiction on the court to question a government agency for violating subsidiary legislation. This suit is not an internal affair of the PDP, and plaintiffs have the legal right to institute action,” the judge held.

Similarly, on November 11, 2025, Justice Peter Lifu restrained the PDP from proceeding with the convention and barred INEC from supervising or recognising its outcome.

Lifu granted the order in a suit filed by former Jigawa State Governor, Sule Lamido, who alleged he was denied the opportunity to purchase a nomination form for the national chairmanship position.

The judge held that the PDP failed to comply with relevant legal requirements, including publication of a timetable, and ruled that the balance of convenience favoured the plaintiff.

Processes in the appeal against the ruling of Justice Joyce Abdulmalik were also adopted, with the appellate court reserving judgment to a date to be communicated to the parties.

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