Federal High Court Abuja has stopped the planned 2025 National Convention of the Peoples Democratic Party, PDP, on grounds that the party did not comply with the statutory requirements of the party, the Constitution and Electoral Act.
Justice James Omotosho, while delivering judgement in a suit filed by three aggrieved members of the party, also restrained INEC from accepting report on the outcome of any national convention of the party without following the due process of the law as well as its guidelines and regulations.
PDP’s much anticipated convention now hangs in balance after being halted by the Federal High Court in Abuja.
The trial Judge, Justice James Omotosho held that INEC is not entitled to give effect to the convention of a party not done in accordance with the Constitution, the Electoral Act and the guidelines of political parties.
The trial judge stressed that the suit does not fall within the internal affairs of the PDP as it is one challenging the actions of the party that are in breach of the guidelines and regulations of INEC which are subsidiary legislations that enjoy the force of law.
On this ground, the court further noted that it has jurisdiction to attend to matter without acting in breach of previous decisions of the Supreme Court that bars the court from having a say on determining the choice of political party leaders.
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On the issue of congresses, the court stressed that the exercise meant to elect delegates to participate and vote at the National Convention had not been held in a number of states, as the PDP failed to issue the mandatory 21 days notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses.
The trial Judge however noted that the PDP is not entitled to hold a national convention until it has provided a proper framework for the election of delegates to participate in the convention.
The trial Judge also held that the notice of the planned convention was only signed by the National Chairman of the party excluding the National Secretary, noting that the action is in clear breach of guidelines and regulations of INEC and provisions of the Electoral Act.
Omotosho held that the failure of the PDP to comply with the law has put the planned convention in jeopardy, and subsequently advised the PDP to do the necessary before going ahead with the election.
He therefore restrained INEC from receiving, publishing or recognising the outcome of the convention slated for Ibadan, until the law has been complied with.
On the issue of representation, the court held that counsel for the PDP, Chris Uche, SAN and counsel for the National Working Committee and National Executive Committee of the PDP, Eyitayo Jegede were not authorised by the PDP National Legal Adviser who has the sole right to do so.
The court then declared that all the submissions made by Uche and Jegede throughout the matter as invalid.
(Editor: Terverr Tyav)
