By Correspondent in Abuja.
The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from monitoring or recognising the outcome of the Peoples Democratic Party (PDP)’s planned national convention scheduled for November 15 and 16 in Ibadan, Oyo State.
Delivering judgment on Friday, Justice James Omotosho held that the PDP failed to comply with relevant legal provisions and internal procedures governing the conduct of such conventions.
The suit was filed by Austin Nwachukwu (Imo PDP chairman), Amah Nnanna (Abia PDP chairman), and Turnah Alabh George (PDP Secretary, South-South). They listed INEC, PDP, Samuel Anyanwu (National Secretary), Umar Bature (National Organising Secretary), the National Working Committee (NWC), and the National Executive Committee (NEC) as the 1st to 6th defendants. Also joined were Umar Damagum (PDP National Chairman), Ali Odefa, and Emmanuel Ogidi as the 7th to 9th defendants.
The plaintiffs sought to stop the planned convention, arguing that it was being organised in breach of the Electoral Act and the party’s constitution. However, the PDP urged the court to dismiss the suit, claiming the plaintiffs lacked the legal right to sue and had not exhausted the party’s internal dispute resolution mechanisms.
Justice Omotosho disagreed, ruling that the matter went beyond the internal affairs of a political party since it involved INEC’s statutory duty to ensure parties comply with electoral laws.
According to him, “A suit challenging the executive decision of INEC is not an internal affair of a political party. INEC is responsible for monitoring, and setting guidelines for party primaries, congresses, and conventions.”
He added that political parties must obey their own constitutions and that the PDP’s failure to do so amounted to a breach of the law. The court found that notices for congresses in some states were signed only by the national chairman without the national secretary, contrary to Article 36(1)(a) and (b) of the PDP Constitution.
“The law is trite. Political parties must obey their own constitution. We will not allow political parties to make nonsense of the law by excluding the national secretary in their internal processes,” the judge stated.
The court also invalidated the party’s October 15 National Executive Committee (NEC) meeting for lack of proper notice to INEC, which deprived it of the opportunity to monitor the event.
Justice Omotosho held that the PDP’s failure to issue the mandatory 21-day notice for meetings and congresses violated both the Electoral Act and the party’s constitution. He advised the party to regularise its processes before proceeding with any convention.
Consequently, the court ordered INEC not to recognise or publish any results from the proposed convention on its website or official records, warning that doing otherwise would amount to endorsing illegality.
He concluded that non-compliance with the law, if allowed, would open “a floodgate of disobedience to the Electoral Act and endanger democratic governance.”
Edited by Dada Ahmed.
