The Court of Appeal of Nigeria sitting in Abuja has upheld the 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, the capital of Oyo State.
Delivering judgment on the appeal, Justice Uchechukwu Onyemenam held that the PDP failed to comply with constitutional and statutory requirements necessary for the validity of the convention.
According to the appellate court, the party did not serve a valid notice of the convention on INEC as required by law. The court also held that valid congresses were not conducted in more than 14 states of the federation as mandated before holding a national convention.
Justice Onyemenam further ruled that the suit filed by aggrieved members of the party was not an internal party affair, contrary to arguments raised by the defendants. Instead, the action sought to compel INEC to perform its statutory duties in relation to monitoring party conventions.
The appellate court therefore held that the Federal High Court was right to assume jurisdiction in the matter and to restrain INEC from recognising the outcome of the convention.
“Compliance with the 1999 Constitution, the 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 judge stated.
The initial restraining order was issued on October 31, 2025 by Justice James Omotosho of the Federal High Court in Abuja.
Justice Omotosho held that the PDP failed to comply with relevant legal requirements governing the conduct of party conventions.
The court relied on evidence presented by INEC and some aggrieved members of the party indicating that congresses were not conducted in certain states in breach of the 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 statutory requirements and were therefore invalid.
In addition, the Federal High Court found that the PDP failed to issue the mandatory 21-day notice of meetings and congresses required to enable INEC perform its monitoring duties.
Justice Omotosho ruled that the party’s failure to comply with these legal requirements placed the planned convention in jeopardy and restrained INEC from receiving, publishing or recognising its outcome until the provisions of the law were complied with.
The suit, marked FHC/ABJ/CS/2120/2025, was filed by three aggrieved PDP members: Austin Nwachukwu, Chairman of the party in Imo State; Amah Abraham Nnanna, Chairman of the party in Abia State; and Turnah Alabh George, PDP Secretary in the South-South zone.
They were represented in the suit by Senior Advocate of Nigeria, Joseph Daudu.
The plaintiffs had asked the court to halt the planned national convention where new national officers of the party were expected to be elected.
The defendants in the suit included INEC, the PDP, Samuel Anyanwu, National Secretary of the party; Umar Bature, National Organising Secretary; the National Working Committee (NWC) and National Executive Committee (NEC) of the party; as well as Umar Iliya Damagum, Ali Odefa and Emmanuel Ogidi.