Political Earthquake Rocks Nigeria: Appeal Court Nullifies Controversial PDP Convention
The Court of Appeal in Abuja has unanimously dismissed an appeal filed by the Peoples Democratic Party (PDP) against a Federal High Court judgment that had restrained the Independent National Electoral Commission (INEC) from recognizing the outcome of the party's national convention. The appellate court, in a three-member panel judgment delivered on Monday, upheld the October 31 judgment by Justice James Omotosho of the Federal High Court in Abuja, affirming that the lower court was right to have granted all the reliefs sought by the plaintiffs.
The Federal High Court's ruling specifically prevented INEC from acknowledging the results of the PDP National Convention, which was held in Ibadan, Oyo State, on November 15 and 16. The PDP, under the leadership of Tanimu Turaki, SAN, had initially dismissed the Federal High Court judgment as an "academic exercise" before pursuing the appeal.
Justice Onyemenam, delivering the judgment at the Appeal Court Complex, held that the PDP's appeal was without merit, resolving all four issues for determination against the party. The court found that the PDP had violated crucial constitutional provisions required for such a convention to be deemed valid. Specifically, Justice Onyemenam noted that no valid notice of the convention was served on INEC as mandated by law. Furthermore, the appellate court determined that valid congresses were not held in more than 14 states, a prerequisite stipulated by law before the convention was put in place.
The Court of Appeal also addressed the PDP's claim that the trial court lacked jurisdiction because the issues involved were solely internal affairs of the party. Justice Onyemenam clarified that the case instituted by the aggrieved PDP members was not about internal party matters but rather a legitimate desire to compel INEC to comply with its statutory functions regarding party conventions. The court affirmed that the plaintiffs possessed the necessary locus standi (the legal right) to institute the suit to protect their democratic rights and that the PDP was not denied fair hearing, contrary to its claims.
In light of the PDP's failure to comply with relevant laws, the Court of Appeal concluded that the Federal High Court was correct in assuming jurisdiction and issuing a restraining order against INEC. The judgment underscored the importance of strict compliance with the 1999 Constitution, the Electoral Act 2022, and party Constitution and Guidelines, stating that such adherence is at the heart of democratic governance and must be rigorously enforced. The appellate court also awarded the sum of N2 million as costs against the PDP (specifically the Turaki group) for filing a frivolous appeal. Among the nine defendants named in the original suit were INEC, PDP, Samuel Anyanwu, Umar Baturrle, the NWC and NEC of the party, Ambassador Umar Iliya Damagum, Ali Odefa, and Emmanuel Ogidi. Some PDP leaders from both sides were present during the delivery of the judgment.
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