The federal high court in Abuja has fixed October 31 to deliver judgement in a suit seeking to stop the planned national convention of the Peoples Democratic Party (PDP) scheduled for November 15 and 16 in Ibadan, the Oyo state capital.
James Omotosho, the presiding judge, fixed the ruling date on Tuesday after hearing final arguments from parties in the case.
Austine Nwachukwu, PDP chairman in Imo state; Amah Abraham Nnanna, Abia state chairman; and Turnah George, south-south secretary of the party, filed the suit, marked FHC/ABJ/CS/2120/2025.
The Independent National Electoral Commission (INEC), the PDP, Samuel Anyanwu, national secretary, and Umar Bature, national organising secretary, as well as the party’s national working committee (NWC) and national executive committee (NEC), are listed as the first to sixth defendants.
The plaintiffs, believed to be allies of Nyesom Wike, minister of the federal capital territory (FCT), are challenging the legality of the planned national convention and seeking an order to restrain the party from proceeding with it.
During Tuesday’s proceedings, Chris Uche, counsel to the PDP, argued that the suit concerns the party’s internal affairs and falls outside the court’s jurisdiction.
According to Uche, the plaintiffs and Kamaldeen Ajibade, PDP national legal adviser, were allegedly working against the party’s interest.
He told the court that the plaintiff’s action prompted the NWC to withdraw Ajibade’s authority to represent the party in the matter.
“NWC held a meeting on September 30. NWC took a position that they cannot count on his impartiality on this matter,” Uche said.
He added that without the NWC’s knowledge, Ajibade “rushed to court to file a counter to the suit”.
Uche further stated that, unlike other defendants, Ajibade “failed [and]refused to ask the court to dismiss the case of the plaintiffs.”
Citing article 42 of the PDP constitution, Uche faulted the claim that only the national legal adviser could represent the PDP in court.
“When NWC takes a decision, it does not lie on one person to come out and debate the issue,” he said.
He also argued that Ajibade, being a member of the NWC and NEC and a defendant in the case, lacked the capacity to represent the PDP.
“The party has come out to say that if they proceed with him, they are not sure that their interest would be protected,” Uche submitted.
He urged the court to decline jurisdiction in the case, insisting the dispute is an internal matter, and noted that the plaintiffs lacked the locus standi to institute the suit since they had not exhausted the party’s internal dispute resolution mechanisms.
Represented by R. A. Dada, Ajibade cited previous court judgements and a PDP public notice affirming that the national legal adviser is the proper officer to represent the party in legal proceedings.
Other defendants, however, aligned with Uche’s submissions and urged the court to dismiss the case.
In response, Joseph Daudu, counsel to the plaintiffs, said their action was motivated by the need to promote internal democracy within the PDP.
He argued that the party breached provisions of the 1999 Constitution, the Electoral Act, and its constitution during the conduct of congresses in several states.
“No congress was conducted in 14 states,” Daudu told the court, adding that the issue before the court concerns whether the defendants violated the law and is therefore not an internal matter.
The plaintiffs further contended that no democratic process had taken place to warrant holding the convention and urged the court to disregard Uche’s submissions, insisting that only the national legal adviser could represent the PDP in the matter.
Daudu also argued that the defendants’ failure to file a notice of change of counsel weakened their case and asked the court to grant all reliefs sought in the originating summons.
After hearing all arguments, Omotosho adjourned for judgement, which will be delivered on October 31.
