*Dismisses Turaki-led Faction’s Challenge Of Lower Court Jurisdiction
THE Court of Appeal, Abuja Division, has upheld the decision of the Federal High Court stopping the Peoples Democratic Party (PDP) national convention in Ibadan, Oyo State, last year, which produced a former minister of Special Duties, Taminu Turaki, as national chairman, by dismissing the appeal brought before it by his faction of the party.
The court also awarded a N2million cost against the appellants- Turaki and other members of his National Working Committee (NWC), who are laying claim to the party’s leadership.
The court dismissed the appeal, which was part of nine harmonised appeals brought by the Turaki-led faction against the October 31, last year, judgment of a Federal High Court in Abuja, restraining the Independent National Electoral Commission (INEC) from validating the outcome of the November 15 and 16, national convention in Ibadan.
In a unanimous decision by a three-member panel, led by Justice Uchechukwu Onyemenam, the appellate court dismissed the appeal filed by the faction led by the former minister, challenging the jurisdiction of the lower court to entertain the suit.
The appeallate court affirmed that the Federal High Court had jurisdiction to hear the suit, rejecting the argument that the dispute was merely an internal affair of the party.
The court held that the appellants could not “repackage a clear violation of the party constitution and that of the Constitution of the Federal Republic of Nigeria as an internal party affair,” adding that PDP failed to comply with the constitutional and statutory provisions required before a valid national convention could be held.
Among other findings, the court held that no valid notice of the convention was served on INEC, as required by law, and that valid congresses were not conducted in over 14 states before the convention was convened.
It stated that compliance with the provisions of the 1999 Constitution, Electoral Act 2022 and the party’s constitution and guidelines is fundamental to democratic governance, adding: “Non-compliance with the 1999 Constitution, Electoral Act 2022 and party Constitution and Guidelines are at the heart of democratic governance, and compliance must be strictly enforced in the interest of democracy.”
The appellate court consequently dismissed the appeal and awarded N2m in costs against the appellants.
Recall that Justice James Omotosho of the Federal High Court had in the October 31, last year judgment restrained INEC from receiving, publishing or recognising the outcome of the convention until the party complied with the relevant provisions of the law.
The lower court held that evidence before it indicated that congresses were not conducted in some states of the federation and the party failed to issue the mandatory 21-day notice required to enable INEC to monitor its meetings and congresses.
The Judge also held that notices and correspondence issued by the then party’s national chairman without the endorsement of the national secretary were invalid.
The suit, marked FHC/ABJ/CS/2120/2025, was filed by three aggrieved PDP members- the Imo State PDP Chairman, Austin Nwachukwu; his Abia State counterpart, Amah Abraham Nnanna; and PDP Secretary for the South-South, Turnah George- asking the court to stop the planned convention where new national officers of the party were expected to be elected.
Listed as defendants were INEC; PDP; its then national secretary, Samuel Anyanwu; national organising secretary, Umar Bature; NWC; National Executive Committee (NEC); acting national chairman, Umar Iliya Damagum; Ali Odefa; and Emmanuel Ogidi.
