The Peoples Democratic Party (PDP) election that took place in Ibadan on November 15, 2025, has been approved by an Oyo State High Court in Ibadan.
Shortly after rendering a decision on the joinder application, Justice Ladiran Akintola of Court 5 delivered the judgment on Friday, dismissing
The Peoples Democratic Party (PDP); Amb. Umar Iliya Damagun (National Chairman, PDP, for himself and the members of the National Working Committee and the National Executive Committee of the PDP); and Rt. Hon. Umaru Ahmadu Fintiri (for himself and the members of the National Convention Organizing Committee (NCOC) of the PDP) are the first, second, and third defendants in the case, respectively, and the court granted the 13 reliefs presented to the court.
In delivering the judgment in the case with Suit No. I/1336/2025 on Friday, Justice Akintola ruled that the convention complied with the 1999 Constitution of the Federal Republic of Nigeria, the Electoral Act 2022 (as amended), and other pertinent electoral laws.
He also dismissed the motions for a stay of proceedings and suspension of the ruling filed by Sunday Ibrahim (SAN) on behalf of Austin Nwachukwu and two other individuals who identified themselves as interested parties belonging to a faction within the party opposed to the convention. The court upheld the amended originating summons filed by Adetunmbi, SAN.
The judge had earlier in the week rejected their application for joinder, saying it was lacking merit.
Among the issues formulated for determination before the Court was whether, having regard to the express provisions of Articles 33(7) and 47(1) and (2) of the party’s Constitution (as amended in 2017) and Section 223(2)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st to 3rd Defendants were entitled, in any manner whatsoever, to truncate, frustrate, disrupt, prevent, or stop the scheduled elective National Convention fixed for 15 and 16 November 2025 in Ibadan, Oyo State, for the purpose of electing national officers of the party.
The court also examined whether it was not clear that the PDP, the first defendant, had fulfilled all conditions for the holding of the National Convention, including providing the required statutory notice.
In awarding the relief, the court ruled that the defendants were required to make sure the claimant’s right to peaceful assembly and association was not violated under Section 40 of the 1999 Constitution (as amended).
It further said that that constitutional right would be violated if the national convention were not held.
The court ruled that, pursuant to Sections 223(1)(a) and 223(2)(a) of the 1999 Constitution, Sections 82(1) and (2)(a) of the Electoral Act 2022, and the notice issued to the Independent National Electoral Commission (INEC) on 29 August 2025, all necessary modalities and conditions for the holding of the elective National Convention had been duly satisfied, irrespective of whether INEC monitored the exercise or not.
In a subsequent pronouncement, the court ruled that the National Convention, which was held on November 15 and 16, 2025, in accordance with its instructions from November 3, 2025, which were extended on November 14, 2025, was legitimate and lawful.
It concluded that the Commission was required to implement all decisions taken at the convention and that the convention’s outcome was binding on it because INEC was a party at the time the interim orders were issued and reaffirmed.
As a result, the court ordered INEC to keep the convention’s decision permanent until a higher court made a decision to the contrary.
According to Justice Akintola, the convention, which was organized by the party’s recognized leadership, met all legal conditions outlined in the Federal Republic of Nigeria’s 1999 Constitution and the Electoral Act.
According to the court, there was no legislative non-compliance or violation of due process in the exercise’s conduct.
On behalf of Austin Nwachukwu and two other parties, Sunday Ibrahim (SAN) filed a motion on notice seeking a stay of proceedings and suspension of the verdict, which the court dismissed earlier in the same proceedings, stating that the motions were without merit.
For similar reasons, the judge had previously denied their request for joinder.
Adetunmbi (SAN), the applicant’s attorney, stated in a side interview that the court was certain that the convention, which took place on November 15 and 16, 2025, was legitimate and handled lawfully.
“The court made it clear that the convention held on the 15th and 16th was lawfully convened, valid, and proper. Since it formed part of a subsisting court order—and INEC was present when that order was made—all authorities, including INEC, are bound to give effect to the outcome of that convention.
“The convention remains valid unless and until there is a contrary pronouncement from an appellate court.
“The court examined the judgment and held that INEC was duly notified. The duty is to give proper notice to INEC; it is not mandatory that INEC be physically present.
“The party, the PDP, had indicated its intention to conduct the convention. So there was no basis to suggest that the convention should not hold.
“The claimant has a constitutional right to belong to the PDP and to enjoy the benefits of that membership, including contesting at the convention. He exercised that right, and the court affirmed that the convention in which he participated was validly conducted.
“We sought 13 reliefs, including affirmation of his right to contest, which the court granted. Although the suit was filed before the convention was held, we urged the court to pronounce on the validity of the convention after it was conducted. The court agreed and affirmed its validity. It also held that since INEC was present when the order was made and was duly served, it is bound to recognize and give effect to the outcome.”
Speaking as well, Dapo Durosaro, the PDP’s Oyo State Chapter legal advisor, stated that the ruling had resolved the issue.
“The convention of November 15 and 16 was held pursuant to an interim order of this court permitting the PDP to proceed with its planned convention. This is a final judgment validating that convention held in Ibadan.
“The PDP demonstrated before the court that it complied fully with the provisions of the law. The court observed that all statutory requirements under the Electoral Act were met and that due notices were served on INEC.
“All state congresses were duly conducted, and their reports were also served on INEC.
“That is why the court ruled that the convention was validly held.”
Speaking on the implication of the judgment in view of an earlier judgment by a Federal High Court in Ibadan, which invalidated the convention, Adetunmbi noted that the current judgment naturally supersedes the earlier judgment.
He said, “Well, the law is simple. When there is a conflict in judgment of the court of jurisdiction, the latter in time prevails. The one that comes out last prevails.
“This judgment prevails and overrides the one of the federal high court because it came out last. The latter in time prevails when you have conflict judgment of the court of the same jurisdiction.”
He clarified that intentions by a different party faction to organize another convention are unlawful and void in light of the ruling.
The learned Silk urged the parties to wait for the Apex Court’s ruling before taking any action or making any decisions, expressing confidence that the case will eventually reach the Supreme Court.
“You see, the court has said this one is valid. You did ask me the other time about the implication of the first judgment. I told you that the latter in time prevails.
“So the implication is that any convention to be held by now is illegal and is null and void. That is my own humble opinion. However, my sincere advice to the politicians is that it is very certain.
“You know this matter started with the judgment of the Federal High Court in Abuja, and it is very, very certain that this case is going to get to the Supreme Court.
“So rather than throwing money around, it is better for all parties to await what the pronouncement will be at the Supreme Court because, to the best of my knowledge, I know the matter has gotten to the Court of Appeal; I know that one.
“And I know that whichever way it goes, they will still move themselves to the Supreme Court. So my sincere advice would be for everybody to wait for the pronouncement of the final court.”
Speaking on the judgment, the executive assistant on security to Governor Seyi Makinde, CP Sunday Odukoya (rtd.), who was in court to monitor proceedings, said the judgment has raised the hope of the common man.
He said, “Once we have achieved victory in this judgment, I think we have to continue to praise the rule of law. Because that is the last hope of anybody that feels aggrieved.
“The matter has been well judged, and the verdict of the court is very clear that the convention is valid and well done. So I thank God that we achieved the victory.”
With 1,516 votes, Turaki easily defeated Senator Yakubu Lado, his nearest opponent, with 43 votes. Despite Senator Lado’s previous withdrawal from the contest due to zoning issues, some of his fans continued to vote for him.
The convention, which took place at the Mainbowl of Lekan Salami Stadium in Adamasingba, Ibadan, attracted 3,131 delegates in total.
Prior to the convention, Northern PDP stakeholders had chosen Turaki, a well-known PDP official and Senior Advocate of Nigeria (SAN), as the consensus candidate.
