Court bars INEC from monitoring, recognising PDP national convention

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)’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 the relevant provisions of the Electoral Act and its own constitution in the processes leading to the convention.

The suit was filed by Austin Nwachukwu (Imo PDP Chairman), Amah Nnanna (Abia PDP Chairman), and Turnah Alabh George (PDP Secretary, South-South). The plaintiffs sued INEC, the PDP, National Secretary Samuel Anyanwu, National Organising Secretary Umar Bature, and the party’s National Working Committee (NWC) and National Executive Committee (NEC), among others. PDP Acting National Chairman Umar Damagum, Ali Odefa, and Emmanuel Ogidi were also listed as defendants.

The plaintiffs sought to halt the planned convention, alleging that the party failed to meet the legal and procedural requirements for convening such a meeting.

In its defence, the PDP asked the court to dismiss the case for lack of jurisdiction, arguing that it concerned the party’s internal affairs and that the plaintiffs lacked the legal standing to sue.

Justice Omotosho, however, disagreed, ruling that the matter went beyond internal party issues because it concerned INEC’s statutory responsibility to ensure political parties comply with the law in conducting congresses and conventions.

“A suit challenging the executive decision of INEC is not an internal affair of a political party,” the judge stated.

“The court cannot close its eyes to breaches of the constitution and electoral laws under the guise of internal party matters.”

The judge held that the PDP violated its constitution by allowing its national chairman to sign official notices and correspondence without the national secretary’s signature, contrary to Article 36(1)(a) and (b) of the party’s constitution, which mandates the national secretary to issue notices of meetings, congresses, and conventions.

He further noted that the PDP failed to issue the mandatory 21-day notice to INEC before its scheduled congresses, depriving the electoral body the opportunity to monitor the exercises.

Justice Omotosho cited instances in Cross River and Kebbi States where congress notices were signed solely by the national chairman, declaring such actions invalid.

He also nullified the party’s October 15 National Executive Committee meeting for failing to properly notify INEC.

“The law is clear — political parties must obey their own constitutions,” he ruled.

“INEC must act to ensure strict compliance with the law and cannot recognise any convention held in breach of the Electoral Act or party regulations.”

Consequently, the court ordered INEC not to recognise or upload on its website any outcome from the PDP’s planned national convention conducted in violation of the law.

Justice Omotosho advised the PDP to issue proper notices for fresh congresses in states and zones where elections were not held or were postponed and ensure such notices are jointly signed by both the national chairman and secretary.

Earlier, the court struck out submissions made by Chief Chris Uche (SAN) and Eyitayo Jegede (SAN), ruling that they were not properly authorised to represent the PDP, NEC, and NWC in the case.