Appeal Court backs Wike camp, voids 2025 PDP convention outcome, bars INEC recognition

The Abuja Division of the Court of Appeal (Nigeria) has affirmed the judgment of the Federal High Court restraining the Independent National Electoral Commission (INEC) from recognising the outcome of the 2025 national convention of the Peoples Democratic Party (PDP).

The appellate court, in a unanimous judgment delivered on Monday by Justice Uchechukwu Onyemenam, held that the PDP failed to comply with constitutional and statutory provisions governing the conduct of party conventions.

The convention, which was held between November 15 and 16, 2025, in Ibadan, the capital of Oyo State, had produced outcomes expected to shape the leadership structure of the opposition party.

However, the appellate court ruled that the processes leading to the convention were fundamentally flawed.

Justice Onyemenam held that the party failed to serve a valid notice of the convention on INEC as required by law, thereby breaching provisions of the Electoral Act and the 1999 Constitution governing political party activities.

The court further found that valid congresses were not conducted in more than 14 states of the federation prior to the convention, a requirement considered critical to the legitimacy of such a national gathering.

According to the court, compliance with constitutional provisions, the Electoral Act 2022 and party guidelines is central to democratic governance.

Read also: Appeal Court nullifies Ibadan PDP Convention

“Non-compliance with the 1999 Constitution, the Electoral Act 2022, and party constitution and guidelines strikes at the heart of democratic governance, and compliance must be strictly enforced in the interest of democracy,” Justice Onyemenam said.

The appellate court therefore concluded that the Federal High Court was right to assume jurisdiction and grant an order restraining INEC from accepting or recognising the outcome of the convention.

The ruling effectively upheld the earlier decision delivered on October 31, 2025, by Justice James Omotosho of the Federal High Court in Abuja.

In that judgment, Justice Omotosho restrained INEC from receiving, publishing or recognising the outcome of the planned convention until the PDP complied with all relevant provisions of the law.

The trial court held that evidence presented by both the electoral body and aggrieved members of the party showed that congresses were not conducted in some states, in violation of statutory requirements.

The court also faulted the signing of party notices and correspondence by the PDP national chairman without the endorsement of the national secretary, describing such actions as inconsistent with the law and therefore a nullity.

In addition, the Federal High Court found that the PDP failed to issue the mandatory 21-day notice of its meetings and congresses to INEC, a requirement intended to enable the commission monitor internal party processes.

Justice Omotosho had warned that the failure to comply with these provisions placed the planned convention in jeopardy and advised the party to address the legal deficiencies before proceeding.

The suit was instituted by three aggrieved members of the party — Austin Nwachukwu, the PDP chairman in Imo State; Amah Abraham Nnanna, PDP chairman in Abia State; and Turnah Alabh George, PDP secretary in the South-South zone.

The plaintiffs, represented by Senior Advocate of Nigeria Joseph Daudu, had asked the court to halt the convention scheduled for November 15 and 16, 2025, in Ibadan, where new national officers were expected to emerge.

The suit, marked FHC/ABJ/CS/2120/2025, listed nine defendants, including INEC, the PDP, the party’s national secretary Samuel Anyanwu, national organising secretary Umar Baturrle, the National Working Committee (NWC) and the National Executive Committee (NEC) of the party.

Others named in the suit are acting national chairman Umar Iliya Damagum, as well as party chieftains Ali Odefa and Emmanuel Ogidi.

In dismissing the appeal filed by the PDP, the three-member panel of the Court of Appeal resolved all four issues for determination against the party and held that the appeal lacked merit.

The court further rejected the PDP’s argument that the trial court lacked jurisdiction, affirming that the case was not merely about internal party affairs but about ensuring that INEC complies with its statutory obligations in relation to party conventions.

The judgment reinforces the legal requirement that political parties must strictly adhere to constitutional and electoral guidelines when conducting internal processes, particularly those that determine national leadership structures.