The Court of Appeal of Nigeria sitting in Abuja has upheld the earlier judgment of the Federal High Court of Nigeria which restrained the Independent National Electoral Commission (INEC) from recognising the outcome of the 2025 National Convention of the Peoples Democratic Party (PDP).
The convention was held between November 15 and 16, 2025, in Ibadan.
Delivering judgment in the appeal, Justice Uchechukwu Onyemenam ruled that the PDP failed to comply with key constitutional and electoral provisions required for the conduct of a valid party convention.
According to the appellate court, the party did not serve a valid notice of the convention to INEC as required by law. The court also found that valid congresses were not conducted in more than 14 states before the convention was held, a requirement stipulated under the relevant electoral laws.
Justice Onyemenam further held that the case filed by aggrieved members of the PDP was not merely an internal party matter but rather an effort to compel INEC to perform its statutory duties regarding the monitoring and recognition of political party conventions.
Having established that the party failed to comply with the relevant legal requirements, the Court of Appeal ruled that the Federal High Court was right to assume jurisdiction and to issue an order restraining INEC from recognising the outcome of the convention.
“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,” Justice Onyemenam said.
The initial restraining order was issued on October 31, 2025, by Justice James Omotosho of the Federal High Court in Abuja.
Justice Omotosho ruled that the PDP failed to comply with mandatory legal conditions required for the conduct of such conventions. Evidence presented before the court, including submissions from INEC and aggrieved members of the party, showed that congresses were not held in some states of the federation as required by law.
The court also held that notices and official correspondence issued by the party’s national chairman without the endorsement of the national secretary violated the law and were therefore invalid.
In addition, the court found that the PDP failed to give the mandatory 21-day notice to INEC ahead of its meetings and congresses, a requirement that enables the electoral body to monitor party activities.
Justice Omotosho consequently restrained INEC from receiving, publishing, or recognising the outcome of the convention until the party complies fully with the relevant legal provisions.
The suit was filed by three aggrieved PDP members: Austin Nwachukwu, chairman of the PDP in Imo State; Amah Abraham Nnanna, chairman of the PDP in Abia State; and Turnah Alabh George, PDP Secretary in the South-South zone.
The case, marked FHC/ABJ/CS/2120/2025, was instituted on their behalf by Senior Advocate of Nigeria, Joseph Daudu.
The defendants in the suit included INEC, the PDP, Samuel Anyanwu (National Secretary of the party), Umar Bature (National Organising Secretary), the party’s National Working Committee and National Executive Committee, as well as Umar Iliya Damagum, Ali Odefa and Emmanuel Ogidi.
The plaintiffs had asked the court to stop the planned convention where new national officers of the party were expected to be elected, pending full compliance with the provisions of the law.
