The Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from monitoring or recognising the outcome of the Peoples Democratic Party (PDP) national convention scheduled for November 15 and 16 in Ibadan.
Justice James Omotosho delivered the judgment on Friday in a case challenging the legality of the proposed convention.
The suit was filed by three PDP members — Hon. Austin Nwachukwu (Imo State Chairman), Hon. Amah Abraham Nnanna (Abia State Chairman), and Turnah Alabh George (South-South Zonal Secretary). They sought an order restraining INEC from taking part in or recognising the convention’s outcome, which is expected to produce new party leaders.
The plaintiffs said they approached the court to promote internal democracy in the PDP. They alleged that the party breached the Constitution, the Electoral Act, and its own rules in the conduct of congresses, claiming that no congresses were held in 14 states.
They also stated that where congress notices were issued, they were signed only by the National Chairman without the National Secretary’s endorsement, contrary to the PDP Constitution.
In its defense, the PDP asked the court to dismiss the suit, arguing that it was an internal party matter. The party further claimed that the plaintiffs lacked the legal right to institute the action and had not exhausted internal dispute resolution mechanisms.
Justice Omotosho disagreed, ruling that the case went beyond internal party affairs since it involved INEC’s statutory duty to ensure compliance with electoral laws on congresses, primaries, and conventions.
He noted that while courts generally avoid interfering in party matters, they cannot overlook clear violations of the law. “A suit challenging INEC’s statutory functions is not an internal party affair,” he said.
The judge held that the PDP failed to meet legal requirements for the planned convention. Evidence showed that congresses were not held in several states and that official notices were improperly issued.
Citing Article 36(1a and b) of the PDP Constitution, Justice Omotosho ruled that the National Secretary is responsible for issuing official notices and handling correspondence. Any notice signed only by the National Chairman is invalid.
He cited instances in Cross River and Kebbi States where congress notices dated September 25 were signed solely by the National Chairman, in violation of the party’s constitution and the Electoral Act.
The court also nullified the National Executive Committee meeting held on October 15 for lack of notice to INEC, which prevented the commission from monitoring the proceedings.
Justice Omotosho warned that failure to comply with electoral laws undermines democracy. He clarified that although INEC cannot stop parties from holding meetings or conventions, it can refuse to recognise outcomes that violate the law.
He further held that the PDP’s failure to issue the mandatory 21-day notice to INEC before holding congresses rendered the planned convention defective. The court advised the party to correct the lapses before proceeding with any election.
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Accordingly, the court ordered INEC not to monitor or recognise the results of the convention until the PDP complies with the law. INEC was also directed not to publish any activity on its website that breaches the Electoral Act or other laws.
The court struck out the submissions by Chris Uche, SAN, and Eyitayo Jegede, SAN, holding that they were not authorized to represent the PDP, its National Executive Committee, or its National Working Committee.
Justice Omotosho reaffirmed that, under the PDP Constitution, only the National Legal Adviser is empowered to represent the party in legal matters. He held that the National Chairman cannot appoint external counsel without the Legal Adviser’s involvement.
The court concluded that INEC must ensure full compliance with the law and must not recognise any convention conducted in violation of legal provisions.
