A Federal High Court in Abuja has declined to compel the Independent National Electoral Commission (INEC) to recognise the Tanimu Turaki (SAN)-led interim National Working Committee (NWC) and the Senator Adolphus Wabara-led Board of Trustees (BoT) of the Peoples Democratic Party (PDP). Delivering judgment on Friday, Justice Salim Ibrahim dismissed the suit, ruling that the court lacked the jurisdiction to entertain the matter.
The plaintiffs, led by former Senate President Adolphus Wabara, had asked the court to direct INEC to update its records by recognising the PDP leadership recognition claims advanced by the Turaki-led interim NWC.
They also requested an order compelling the electoral commission to publish the names of the interim party executives on its official website, arguing that the National Executive Committee (NEC) had communicated the appointments to INEC through letters dated May 4. Other plaintiffs included former Niger State Governor Muazu Babangida Aliyu, Prof. Jerry Gana, Chief Olabode George, Hajiya Maryam Ciroma, Hajiya Zainab Maina, Dame Esther Uduehi and the PDP.
The faction aligned with the Minister of the Federal Capital Territory, Nyesom Wike, challenged the court’s jurisdiction and sought to be joined as an interested party.
Led by Alhaji Abdulrahman Mohammed, the group argued that the plaintiffs lacked the legal standing to institute the case and maintained that it remained the authentic leadership of the PDP. The faction also contended that the party did not authorise the filing of the suit in its name and insisted its executives were elected during the party’s national convention held between March 29 and 30.
Before delivering its final judgment, the court granted the application for the Wike-backed faction to join the proceedings, holding that its interests would be directly affected by the outcome of the case.
Justice Ibrahim subsequently upheld the preliminary objections filed by the respondents and struck out the suit, describing it as an abuse of court process. The judge ruled that the plaintiffs were attempting to revive issues that had already been determined by other courts and held that the PDP had not authorised the action to be filed on its behalf.
The court further held that the case had become academic because INEC had already monitored the convention that produced the Alhaji Mohammed-led executives. Justice Ibrahim also observed that courts do not determine hypothetical questions and faulted the plaintiffs for commencing such a contentious dispute through an Originating Summons.
In addition, the court noted existing judgments nullifying the PDP convention held in Ibadan on November 15 and 16, which produced the Turaki-led executives, before dismissing the suit and declining to grant the requested PDP leadership recognition orders against INEC.
