A Federal High Court in Abuja on Tuesday issued a fresh restraining order stopping the Peoples Democratic Party from proceeding with its planned national convention in Ibadan on November 15–16, and barred the Independent National Electoral Commission from supervising, monitoring or recognising any outcome of the event.
The order was delivered by Justice Peter Lifu. It came in response to an application by former Jigawa State Governor Sule Lamido. He says he was unlawfully prevented from purchasing a nomination form. This was to contest for the party’s national chairmanship.
The court held that the PDP failed to comply with the statutory and internal procedures required for the conduct of such conventions. Notably, they did not publish a timetable and other mandatory notices.
This injunction follows an earlier Federal High Court judgment of 31 October in Suit No. FHC/ABJ/CS/2120/2025. Justice James Omotosho delivered the judgment. It also found material breaches in the PDP’s process. The judgment restrained INEC from recognising the convention outcome until there is compliance with the law.
Taken together, the two federal rulings represent two separate judicial interventions. These interventions occurred within a fortnight over the same event.
A conflicting order from an Oyo State High Court in Ibadan complicated those developments. On 4 November, the court granted the party leave to proceed with its plans in an ex parte ruling.
That decision has faced immediate criticism. Petitions allege judicial impropriety. They warn of a risk of creating competing legal authorities on the same set of facts.
The friction between state and federal rulings has caused what should have been an internal party exercise. It has turned into a constitutional contest.
Legal and political stakes
At law the core issues are straightforward. The Electoral Act and the 1999 Constitution envisage INEC playing a monitoring role for party congresses and conventions. This is conditional on parties giving proper notice. They must also adhere to their own constitutions.
The federal courts found the PDP wanting on both counts. There were allegations that state congresses were not held in some jurisdictions. Additionally, required notices were not signed in proper form. These issues undermined the validity of any subsequent elections at the national level.
From a practical standpoint the rulings do three things.
First, they preserve the status quo and prevent the party from unilaterally changing its leadership while litigation is live.
Second, the courts restrain INEC. This ensures the electoral body can’t be used to give legal colour to a result. Such a result is later held to be void.
Third, the litigation reveals a governance vacuum inside the PDP. Leadership disputes are increasingly settled in courtrooms. These matters should be resolved by party organs instead.
Why this matters to Nigerians and observers
For voters and political operatives, the immediate consequence is uncertainty. This occurs within the largest opposition party during a critical moment in Nigeria’s political calendar.
A national convention is the mechanism by which a party repairs internal fractures and projects unity. However, if the courts deem the process itself defective, the very purpose of the exercise is defeated.
The spectacle of rival court orders erodes public confidence in both party processes. It is worrying that parts of the judiciary are also affected when lower court ex parte orders appear to cut across superior federal rulings.
The conservative reading is blunt. If parties can’t be relied on to follow their constitutions and the law, then political stability suffers. If courts are inconsistent in applying standards, rule-based competition in Nigeria also suffers.
The judiciary must now clarify the competing orders swiftly. The PDP must clean its house. It should publish timetables and finish statutory congresses. The PDP must also allow INEC to carry out its monitoring role. This is necessary if the party hopes to move beyond litigation to legitimate renewal.
For now, the convention is in limbo. The PDP faces a choice between obedience to court rulings. Alternatively, the party will choose defiance and face further legal peril.
The coming days, including the new fixed judgment dates, will dictate the party’s future. They will show whether the party can restore internal legality. Otherwise, the party will stay mired in a contest litigated in public rather than settled internally.
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