The Court of Appeal sitting in Abuja has upheld a Federal High Court judgment that dismissed a case filed by the Senator Adolphus Wabara-led Board of Trustees of the Peoples Democratic Party. The case sought to compel the Independent National Electoral Commission to recognize the Wabara-led BoT and validate actions taken by the Tanimu Turaki-led faction of the party. The appellate court found no reason to disturb the lower court's judgment.
The Court of Appeal, in a unanimous decision by a three-member panel of justices, held that the Wabara-led group lacked the right to file an action on behalf of the PDP. Consequently, it struck out the name of the party, which was listed as the 8th appellant. The court also held that the appeal was not only academic but also a gross abuse of the judicial process.
The case was filed by members of the Wabara-led BoT, including Senator Adolphus Wabara, former Governor Muazu Babangida Aliyu of Niger State, and ex-Minister of Information, Prof. Jerry Gana. They sought an order directing INEC to publish on its official website the interim National Working Committee of the party, as forwarded to it by the National Executive Committee.
The faction of the party aligned with the Minister of the Federal Capital Territory, Nyesom Wike, had approached the court to challenge its jurisdiction to entertain the case. The Wike-backed group maintained that the court lacked the requisite jurisdiction to grant the plaintiffs' prayers, as the plaintiffs lacked the locus standi to institute the action.
The Federal High Court had earlier held that the suit amounted to an abuse of court process, accusing the plaintiffs of attempting to use it to resurrect issues already decided by various courts. The court upheld the preliminary objections and struck out the suit for want of jurisdiction.
The Court of Appeal also awarded costs of N70 million against the litigants, in addition to further costs of N5 million each to the respondents. The court's decision was delivered by Justice R. O. Ayoola via Zoom.
The development is significant, as it comes three months to the 2027 general polls. The PDP has been plagued by leadership crises, with different factions claiming to be the authentic leadership of the party. The court's decision is expected to have implications for the party's participation in the upcoming elections.
Key points
- The Court of Appeal has refused to compel INEC to recognize the Senator Adolphus Wabara-led Board of Trustees of the Peoples Democratic Party.
- The court held that the Wabara-led group lacked the right to file an action on behalf of the PDP.
- The decision is significant, as it comes three months to the 2027 general polls and has implications for the PDP's participation in the elections.
