Alex Enumah in Abuja
Legal fireworks over the legality of the recent convention of the People’s Democratic Party (PDP), begins at the Abuja division of the Court of Appeal, on February 12, 2026.
A three-member panel of the appellate court led by Justice Mohammed Danjuma, fixed the date for hearing in the eight appeals filed against the November 15 and 16, 2025, national convention of the PDP, that produced the Taminu Turaki-led national executive of the party.
The PDP which had ruled Nigeria at the inception of the 4th republic became a major opposition party since 2015, when it lost to the current ruling All Progressives Congress (APC).
The party which has continued to plunge into one crisis or the other, especially since its primary election for the 2023 presidential election, besides threat of going into oblivion may not field any candidate in the forthcoming general elections, unless its current leadership crisis is timeously resolved by the court.
At Tuesday’s proceedings, the appellate court entertained separate eight appeals which emanated from three separate judgments on the national convention which held last year in Ibadan, the capital of Oyo state.
The appeals were filed by the pro Oyo State Governor, Seyi Makinde, who wants to rescue the party from the grasp of loyalists of the Federal Capital Territory (FCT) Minister, Nyesom Wike.
In the last few months about eight governors on the platform of the PDP had defected to the APC, with Osun crossing to the Accord Party (AP).
Although, the tenure of the Iliya Damagum-led national executive of the PDP had ended on December 9, 2025, the Independent National Electoral Commission (INEC) had refused to recognize the new national executive that came out of the convention, citing court orders.
Recall that two judges of the Abuja division of the Federal High Court had stopped the PDP from proceeding with the convention while a High Court in Ibadan gave the party, the go-ahead and had also ordered INEC to monitor, supervise and recognize the outcome of the convention.
Justice A. L. Akintola, had in a ruling in an exparte application brought by a member of the PDP in Oyo State, Mr. Folahan Malomo Adelabi, ordered the INEC to attend and monitor the national convention for the election of new national officers of the party.
Akintola’s order came barely 72 hours after Justice James Omotosho of the Federal High Court in Abuja, gave a contrary order to INEC.
According to Omotosho, INEC should not participate or give recognition to the outcome of the Ibadan convention of the PDP.
Akintola, specifically restrained the defendants in the suit marked: I / 1336/2025, from acting in any manner whatsoever that would truncate or frustrate “the Guidelines, Timetable and Schedule of Activity and/or disrupting, preventing and or stopping the conduct of the Scheduled National Convention of the Peoples Democratic Party (PDP) fixed for November 15 and 16, 2025 at Ibadan to elect officers of the said party at national, pending the hearing and determination of motion on notice”.
But Omotosho in a judgment in the suit filed by some aggrieved members of the PDP; Hon Austin Nwachukwu (Imo PDP chairman), Hon Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South), ordered the electoral umpire from given “recognition to any convention not done in line with the law.
“INEC should not accept the results of any convention in breach of the law”, Omotosho held.
He also restrained INEC from putting in its website any action done in breach of the electoral act or any other laws.
Omotosho had based his decision on grounds that the PDP violated its own laws in the build up to the national convention.
He pointed out that contrary to the submissions of the respondents, the case of the plaintiffs goes beyond the purview of “Internal Affairs” of the PDP.
Omotosho, who stated that internal affairs of political parties is a no-go area for the court, observed that the plaintiffs are not contending leadership but the need for INEC to perform its statutory duty of ensuring that political parties abide by the electoral laws, guidelines and regulations on meetings, congresses, primaries and conventions.
“A suit challenging the executive decision of INEC is not an internal affairs of a political party” Omotosho said, “1st defendant is saddled with the responsibility of monitoring, making regulations and guidelines for the conduct of party’s primary, congresses and conventions”.
According to Omotosho the PDP failed to comply with relevant conditions and laws for the conduct of its convention slated for November 15 and 16, in Ibadan, hence INEC should not recognize the outcome of the election.
Omotosho stated that INEC may not be able to stop political parties from conducting their meetings, congresses and conventions, the Electoral Act empowers it to “invalidate such deficient meetings, congresses and conventions”, to serve as a punitive measures to check abuses.
Meanwhile, Justice Peter Lifu in its own judgment restrained the PDP from going ahead with the convention on the grounds that it excluded former former Jigawa State Governor from contesting an elective position.
