For the second time in one day, a faction of the Peoples Democratic Party loyal to the Oyo State Governor, Seyi Makinde, suffered a setback as the Court of Appeal in Abuja nullified the national convention of the party held in Ibadan, Oyo State, in November last year.
Court of Appeal held that it was wrong for the party to have proceeded with the convention despite a subsisting order not to go ahead until conditions set by the Federal High Court were complied with.
Justice Peter’s Lifu of the Federal High Court in Abuja had on November 14, 2025 ordered PDP not to go ahead with the convention until Chairmanship nomination form was sold to a Chairmanship aspirant and former governor of Jigawa State, Sule Lamido.
Delivering judgment on Monday in an appeal filed by Kabiru Tanimu Turaki SAN against the Federal High Court judgment, Justice Uchechukwu Onyemenam held that it was wrong for the PDP to have gone ahead with the convention despite the pendency of a subsisting order of Court.
The appellate court said that PDP made a somersault when, instead of appealing against the Federal High Court decision, opted for a court of coordinate jurisdiction where it got a favourable judgment that was obeyed.
Justice Uchechukwu Onyemenam said that denial of opportunity to perform certain rights known to law cannot be rubbished under the claims of internal affairs, adding that internal affairs was not absolute.
“Where a party deliberately breaches the 1999 Constitution, Electoral Act 2022 and it’s own Constitution and Guidelines, it has gone beyond any internal affairs that courts cannot adjudicate upon. The court must, by law, intervene and resolve the matter in line with the position of the law,” he said.
Justice Uchechukwu Onyemenam took a swipe at the Turaki faction for disobeying a lawful order and resorting to self-help by running around a court of coordinate jurisdiction to get favourable judgment.
The court held that the action was a direct affront to the authority of the court, which must not be condoned for whatever reason, adding that resorting to selective judgment to obey cannot be helpful to the party.
“No court will fold its hand while its authorities are being rubbished. The action of the appellant is condemnable as it is contemptuous,” the judge ruled.
While dismissing the appeal filed by the Turaki faction, Justice Uchechukwu Onyemenam awarded N2 million cost against PDP.
The Federal High Court had also barred the Independent National Electoral Commission from supervising, monitoring or recognising the outcome of the National Convention where national officers were expected to be elected.
Justice Peter Odo Lifu had issued the order while delivering ruling in an application brought by a former governor of Jigawa State, Sule Lamido.
Lamido, a foundation member of PDP had dragged the party before the court complaining that he was denied opportunity to buy Chairmanship nomination form to enable him participate in the convention.
The judge predicated the restriction order against PDP on the grounds that the party refused, neglected and failed to comply with relevant conditions and laws for the conduct of such conventions.
The judge held that evidence from Lamido showed that the timetable for the convention was not published for the attention of its members as required by law.
Justice Lifu also held that the balance of convenience tilted towards Lamido because he would suffer more if allowed to be unlawfully excluded from the planned convention.
According to the Judge, in a constitutional situation, due process of law must be strictly followed by those in charge, adding that to do otherwise, will endanger democracy itself.
He also said that in line with Section 6 of the 1999 Constitution, a court of law must not abdicate its role of dispensing justice without fear or favour.
Justice Lifu had held that anarchy would be the order of the day any time, any day and anywhere the court abdicates its constitutionally assigned functions.
In his final pronouncement, the Judge restrained PDP from proceeding with the convention billed for November 15 and 16 or any other date in Ibadan or any other place.
He also stopped INEC from supervising, monitoring or recognising the outcome of any convention that be organised by PDP.
