The Abuja Division of the Court of Appeal has upheld the judgment of the Federal High Court in Abuja which, on October 31, 2025, restrained the Independent National Electoral Commission (INEC) from recognising the outcome of the 2025 National Convention of the Peoples Democratic Party (PDP).
The national convention was conducted between November 15 and 16 in Ibadan, the Oyo State capital.
Delivering judgment in an appeal against the Federal High Court decision, Justice Uchechukwu Onyemenam held that the PDP violated constitutional provisions required before such a convention can become valid.
Among others, Justice Onyemenam said no valid convention notice was served on the Independent National Electoral Commission (INEC) as required by law.
The Court of Appeal also held that valid congresses were not held in more than 14 states, as provided by law, before the 2025 convention was put in place.
Justice Onyemenam held that the case of the aggrieved PDP members who instituted the action against the party was not on the internal affairs of the party, as erroneously held, but on the desire to compel INEC to comply with its statutory functions in relation to party conventions.
Having failed to comply with the relevant laws, the Court of Appeal held that the Federal High Court was right in assuming jurisdiction and in granting a restraining order against INEC from accepting or recognising the outcome of the PDP 2025 national convention.
“Non-compliance with the 1999 Constitution, Electoral Act 2022 and party constitution and guidelines are at the hearts of democratic governance and compliance must be strictly enforced in the interest of democracy,” the court held.
Justice James Omotosho had, on October 31, 2025, issued the order that restrained INEC from recognising the outcome of the Ibadan convention until all provisions of the law were complied with.
The judge predicated the decision on the grounds that the PDP failed to comply with relevant conditions and laws for the conduct of such conventions.
He held that evidence provided by the electoral umpire and some of the aggrieved PDP members showed that congresses were not held in some states of the federation, in breach of the law.
In addition, the lower court also held that the signing of notices and correspondence of the PDP by its National Chairman without the National Secretary violated the law and consequently made such notices and correspondences a nullity.
Besides, Justice Omotosho held that the PDP failed to issue the mandatory 21 days’ notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses.
He held that the failure of the PDP to comply with the law put the then planned convention in jeopardy, and subsequently advised the PDP to do the needful before going ahead with the election.
He therefore restrained INEC from receiving, publishing or recognising the outcome of the convention slated for Ibadan until the law had been complied with.
Three aggrieved members of the party who instituted the case are Austin Nwachukwu (Imo PDP Chairman), Amah Abraham Nnanna (Abia PDP Chairman) and Turnah Alabh George (PDP Secretary, South-South).
The suit marked FHC/ABJ/CS/2120/2025 was instituted on their behalf by a Senior Advocate of Nigeria (SAN), Joseph Dauduq an aa
The plaintiffs had asked the court to stop the planned November 15 and 16, 2025 national convention of the PDP, scheduled for Ibadan in Oyo State, where new national officers were expected to be elected.
The nine defendants are the Independent National Electoral Commission (INEC), the PDP, Samuel Anyanwu (National Secretary of the party), Umar Bature (National Organising Secretary of the party), the National Working Committee (NWC) and National Executive Committee (NEC) of the party, Ambassador Umar Iliya Damagum, Ali Odefa and Emmanuel Ogidi.
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