Appeal Court Upholds Judgment Restraining INEC from Recognising PDP’s National Convention

Alex Enumah in Abuja 

The Court of Appeal, Abuja has upheld the judgment of a Federal High Court in Abuja which had on October 31, 2025 restrained the Independent National Electoral Commission (INEC) from recognizing the outcome of last year’s National Convention of the Peoples Democratic Party (PDP) that produced Tanimu Turaki as National Chairman.

A three-member panel of the appellate court, in a judgment delivered on Monday, held that it had no reason to deviate from the trial’s court decision which observed that the PDP violated its own laws in the process leading to the November 15 and 16 convention which held in Ibadan, the Oyo State capital. 

Justice James Omotosho of the Abuja division of the Federal High Court had restrained INEC from participating, monitoring or recognizing the outcome of the convention on the grounds that congresses were not conducted in many of the states, to warrant the conduct of the national convention.

However, the PDP went ahead to conduct the convention despite the advice by Omotosho that the PDP should conduct congresses in the affected states before proceeding with the national convention.

Dissatisfied with the judgment of the trial court, the faction of the PDP aligning with Governor Seyi Makinde of Oyo State, approached the appellate court to nullify the verdict of Omotosho.

But in its judgment delivered by Justice Uchechukwu Onyemenam, the Court of Appeal held that the trial judge was right to have restrained INEC from the PDP’s convention because there was evidence that the PDP did not meet constitutional provisions required before such convention can become valid. 

Among others, Justice Onyemenam observed that there was no valid notice of the convention served on INEC as required by law, adding that there was no valid congress in more than 14 states as provided by law before the convention was put in place. 

Meanwhile, the appellate court disagreed with the appellants that the case before Omotosho bordered on internal affairs of a party, which no court has jurisdiction.

The appellate court pointed out that contrary to the position of the appellants, the case of the aggrieved PDP members who instituted the case against the party was to force INEC to comply with its statutory functions in relation to party conventions. 

Having failed to comply with the relevant laws, the Court of Appeal held that the Federal High Court was right in assuming jurisdiction and grant restraining order against INEC from accepting or recognising the outcome of the PDP national convention. 

“Non-compliance with the 1999 Constitution, 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 appellate court held.

Details later…