The Federal High Court, Abuja Division, on Friday, restrained the Independent National Electoral Commission from monitoring or recognising the outcome of the Peoples Democratic Party (PDP)’s national convention until a chairmanship nomination form is made available to ex-Governor Sule Lamido of Jigawa State for purchase.
Justice Peter Lifu, in a judgment, also restrained the PDP from proceeding with its Saturday and Sunday’s national convention until Lamido is allowed to purchase nomination form for the office of the national chairman of the party.
Justice Lifu held that the PDP, by its conduct, had breached its own party’s guidelines and constitution.
According to Justice Lifu, a party is bound to obey its own constitution.
The judge said that the PDP’s argument that the instant suit bordered on the internal affairs of a political party did not hold water.
He stated, “On the issue of internal affairs of a political party, it has been held that where a political party breaches or infringes on its own rule, its constitution and guidelines, that cannot be an internal affair. To so hold will mean the court should close its eyes to impunity, illegality, rule of law and rascality. This court will be losing its statutory functions when such approach is adopted as the law and will be meaningless because it will create great danger to man, society and humanity. To every law, there is an exception. A breach of a statutory provision appears to fit into the exception.’’
According to him, no political party should be allowed to profit from the violation of its own rule or the national constitution.
Mr Lamido, in the fresh suit marked: FHC/ABJ/CS/2299/2025, named the PDP and INEC as 1st and 2nd defendants initially.
However, the court joined Austin Nwachukwu (Imo State PDP chairman), Amah Nnanna (Abia State PDP chairman) and Turnah Alabh George (PDP Secretary, South-South), as 3rd to 5th defendants respectively.
Recall that the 3rd to 5th defendants were plaintiffs, who earlier got judgment against the PDP on October 31 before Justice James Omotosho.
In the instant suit, Mr Lamido had sought an order of mandatory injunction compelling the PDP to make available to him for purchase, nomination form for election into the office of the national chairman of the party, among others.
The ex-governor contended that if the PDP was not restrained by the court, the party would be violating its constitution, and by implication denying him the opportunity to contest the position of the national chairman of the party of which he is eminently qualified to contest.
Delivering the judgment, Justice Lifu, citing previous case, held that the argument of alleged failure of Mr Lamido to explore the party’s internal dispute resolution mechanism would not deprive the court of jurisdiction to entertain the suit,
He said, “From the facts elicited from the plaintiff’s pleadings, he approached the National Organising Secretary and the Secretary of the 1s defendant on the 27th of October, 2025, with the purpose of obtaining the nomination form for the conduct of 1st defendant national convention. He was turned down by those two national officers on the ground that there were no nomination forms to be given. This was the basis for this case as the plaintiff felt cheated and denied the opportunity to participate and contest the position of chairman of the 1st defendant.’’
The judge observed that by Article 9(h) of the PDP’s guideline, it categorically states that, “Nominations at zonal and national levels shall close at least 14 days to the start of the national convention.”
According to the judge, the plaintiff was denied nomination forms on October 27, 2025.
“Nomination closes 14 days to convention. From October 27th, 2025 to the eve of convention which is 14th November, 2025, is 19 days, i.e. five days higher and longer than the closing days of 14,” he said.
Besides, Justice Lifu observed that Exhibit PDP-1 attached to the PDP’s consequential amended counter affidavit stated that the sale of nomination forms and expression of interest forms for national offices were to take place between September 3 to 22, and that the last day of submission of the form was said to be September 26.
“Curiously, Exhibit 6 attached to plaintiff’s counter affidavit to 1st defendant’s affidavit showing cause stated the following: Today being 27th October, 2025, is the final day of submission of nomination forms,” he said.
According to the judge, this exhibit runs contrary to Exhibit PDP-1 which stated 26th September as the last day of submission of forms.
“Furthermore, Exhibit-6 also stated: Today is not for selling of forms, it is for submission. If anyone went to Wadata House looking for forms, they went to the wrong place. We have followed due process and submitted our forms. How we got the form is immaterial; the important thing is that we complied with the party’s guidelines.”
Justice Lifu, who observed that the above quotation came from the camp of the alleged PDP consensus candidate, said this “suggested an irregular, clandestine mode and non-transparent process leading to the selling of forms or collection of the nomination forms meant and kept for special people.”
The judge said the exhibit was never denied by PDP in its affidavit.
“Convention of a national party is a process commencing from collection of expression of interest and nomination form to election at the convention. Democratic tenets demands consensus building, transparency dialogue and inclusivity which from all indication is lacking in the build up to the convention schedule for 15th and 16th of November, 2025 in Ibadan, Oyo State of Nigeria. In addition to the above, Exhibit PDP-1 has no date on it.
“There is no evidence from available facts before the court that that exhibit being a Timetable and Schedule of Activity leading to the convention was never published to members. The logo of the 1s defendant is not the one appearing on the exhibit. The motto with the popular words ‘Power to the People’ is not stated or seen anywhere in the Exhibit. This document or exhibit to say the least has no evidential or probative value in law,” he held.
Consequently, Justice Lifu said all the three issues raised in the originating summons by the plaintiff were answered in the affirmative.
“On the whole, the case of the plaintiff succeeds, and judgment is hereby entered in his favour,” he said.
The judge then declared that the PDP is under obligation to create opportunities for its members, including Mr Lamido, to serve by putting in place deliberate measures and conducive atmosphere aimed at enabling any party member who is eligible to contest any of the party offices, including the position of the national chairman of the party to realise his aspiration.
He declared that by denying Mr Lamido the opportunity to exercise his constitutional right, the PDP was in breach of its own guidelines and constitution.
Justice Lifu, therefore, made an order compelling the party, before any convention is held, to make available to Mr Lamido for purchase, nomination form for election into the office of the national chairman scheduled for November 15 and 16 or any other date the party may determine.
He also made a consequential order, directing the PDP to put on hold the convention until Mr Lamido is allowed to obtain the form, mobilise and campaign for the election in the national convention.
“An order is hereby made prohibiting the 2nd defendant (INEC) from supervising, monitoring or in any manner whatsoever aiding or recognising the 1st defendant’s conduct of election into the office of the national chairman” until Mr Lamido is allowed to participate in the poll.
(NAN)
