The Federal High Court sitting in Abuja on Friday declined to compel the Independent National Electoral Commission (INEC) to recognise the Senator Adolphus Wabara-led Board of Trustees (BoT) of the Peoples Democratic Party (PDP).
The court, in a judgment delivered by Justice Salim Ibrahim, dismissed the suit which sought to validate all actions taken on behalf of the party by the Tanimu Turaki, SAN-led leadership of the party.
Members of the Wabara-led BoT filed the suit to compel INEC to update its database by acknowledging the factional interim National Working Committee (NWC) of the party led by Turaki, SAN.
The plaintiffs further sought an order directing the electoral umpire to forthwith publish on its official website the interim NWC of the party as forwarded to it by the National Executive Committee (NEC).
According to the plaintiffs, the names of members of the Turaki-led national executives of the party were forwarded to the electoral body via letters dated May 4.
Aside from the former Senate President, Wabara, other plaintiffs in the suit, marked FHC/ABJ/CS/1159/2026, are: the Secretary of the factional BoT, former Governor Muazu Babangida Aliyu of Niger; ex-Minister of Information Prof. Jerry Gana; and a chieftain of the party, Olabode George.
Others are a former Minister of Women Affairs, Hajiya Maryam Ciroma; a former Minister of Women Affairs and Social Development, Hajiya Zainab Maina; and a member of the BoT and NEC, Dame Esther Uduehi, as well as the PDP itself.
INEC was listed as the sole defendant in the matter, which the plaintiffs filed on June 4 through their team of lawyers led by Chief Chris Uche, SAN.
Specifically, the plaintiffs urged the court to determine whether, by virtue of the provisions of Section 287(1), (2) and (3) of the 1999 Constitution, as amended, INEC was not bound to give effect to various courts’ judgments relating to the leadership crisis rocking the PDP.
They also urged the court to determine whether, in view of the provisions of Article 32 of the PDP Constitution as amended in 2017, INEC is not obligated to accord recognition to the interim NWC as forwarded to it by the 1st to 7th plaintiffs.
The litigants prayed the court to compel the electoral body to give effect to all official correspondence from the interim NWC of the party.
However, the faction of the party aligned with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, approached the court to challenge its jurisdiction to entertain the case.
The faction maintained that the court lacked the requisite jurisdiction to grant the prayers of the plaintiffs, who it said lacked the locus standi (legal right) to institute the action.
The Wike-backed group, which insisted that it is the authentic leadership of the PDP, also applied to be joined as an interested party in the case.
Led by the National Chairman of the faction, Alhaji Abdulrahman Mohammed, those who sought to be joined in the case were the National Secretary, Senator Samuel Anyanwu, and the National Legal Adviser, Kamardeen Ajibade.
Others were a former Chairman of the PDP in Imo State, Mr. Austin Nwachukwu; Abraham Amah; and George Turner.
All the defendants, including INEC, filed preliminary objections and counter-affidavits, praying the court to dismiss the case in its entirety.
The Mohammed-led faction equally urged the court to strike out the PDP’s name from the suit, insisting the party did not give authorisation for the action to be filed.
Insisting they are the bona fide national leaders of the party, those who sought to be joined in the suit told the court that they were elected during a convention the PDP held from March 29 to 30.
However, the plaintiffs opposed the joinder applications, which they said were filed by persons whose expulsion from the party had been upheld by court judgments.
They told the court that no valid convention of the party was held in Abuja in March.
In a ruling delivered before the judgment, Justice Ibrahim held that the joinder applications were meritorious, as the interests of the applicants would be affected by the outcome of the suit.
The court upheld the preliminary objections and struck out the suit for want of jurisdiction.
Justice Ibrahim held that the suit amounted to an abuse of court process, accusing the plaintiffs of attempting to use the suit to resurrect issues already decided by various courts.
Besides, the court struck out the name of PDP from the suit, stressing that the evidence before it established that the plaintiffs did not have the authorisation to institute the action in the name of the party.
It held that the suit was an invitation for the court to make an order that would undermine subsisting judgments.
The court further held that the suit was a mere academic exercise, since there was evidence that the PDP convention that produced the Alhaji Mohammed-led executives was duly monitored by INEC.
“The court does not decide hypothetical or academic questions,” Justice Ibrahim held, adding that the suit was incompetent as it was filed through an Originating Summons despite the contentious nature of the dispute.
Moreover, the court said it took cognisance of extant judgments that nullified the convention the PDP held in Ibadan, Oyo State, on November 15 and 16, which produced the Turaki-led executives.
It upheld the contentions of the respondents and dismissed the suit.
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