A Federal High Court in Abuja, has restrained the Independent National Electoral Commission (INEC) from participating in or recognizing the outcome of the forthcoming National Convention of the People’s Democratic Party (PDP).
Justice James Omotosho issued the order on Friday, while delivering judgment in a suit challenging the legality of the convention.
Three aggrieved members of the PDP; Hon Austin Nwachukwu (Imo PDP chairman), Hon Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South), had dragged the electoral umpire to court, over the November 15 and 16, National Convention of the party, scheduled to hold in Ibadan.
In the suit which has PDP, National Chairman, Ambassador Ilya Damagum, National Executive Committee (NEC), National Working Committee (NWC), National Secretary, Senator Samuel Anyanwu amongst others, the plaintiffs asked the court to restrain INEC from monitoring or giving recognition to the outcome of the party’s convention for the election of new leadership of the PDP.
They claimed that their action was hinged on the need at establishing and promoting internal democracy in the PDP.
According to the plaintiffs, the PDP violated sections of the Constitution, Electoral Act as well as the party’s own constitution in the conduct of the party’s congresses in some states, adding that, “no congresses were conducted in 14 states”.
The plaintiffs who claimed that they have intentions of contesting future elections in the party, accused the PDP of not issuing notices of congresses at the state and zonal levels adding that in situation where notices were issued it was signed by only the chairman of the party, excluding the secretary, an act they claimed violated the PDP’s Constitution.
But, the PDP in its response to the suit urged the court to dismiss the case of the plaintiffs on the grounds of jurisdiction, adding that the plaintiffs besides lacking the necessary legal rights to file the suit did not exhaust all the internal mechanism for resolving grievances in the party.
Delivering judgment on Friday, Justice Omotosho pointed out that contrary to the submissions of the respondents, the case of the plaintiffs goes beyond the purview of “Internal Affairs” of the PDP.
Omotosho, who stated that internal affairs of political parties is a no-go area for the court, observed that the plaintiffs are not contending leadership but the need for INEC INEC to perform its statutory duty of ensuring that political parties abide by the electoral laws, guidelines and regulations on meetings, congresses, primaries and conventions.
“A suit challenging the executive decision of INEC is not an internal affairs of a political party” Omotosho said, “1st defendant is saddled with the responsibility of monitoring, making regulations and guidelines for the conduct of party’s primary, congresses and conventions”.
The judge added that the court cannot turn its eyes away from the breach of the Constitution and electoral laws in the guise of internal affairs of a political party, as doing so would tantamount to supporting illegality.
On the issue of “locus standi”, the court also disagreed that the plaintiffs lacked the necessary legal rights or failed to exhaust internal mechanism of the party because the legal action is not against the PDP but against INEC.
Besides, the court pointed out that the suit was a civil action aimed at sanitizing the political system and ensure that parties comply with the laws and their own constitution.
The court subsequently dismissed the preliminary objection raised against the suit and went ahead to deal with the substantive case.
In its judgment, Omotosho observed that the PDP failed to comply with relevant conditions and laws for the conduct of its convention slated for November 15 and 16, in Ibadan.
The judge held that evidence from the electoral umpire and some of the respondents showed that congresses were not held in some states of the federation, and in breach of the law.
In addition, the court held that the signing of notices and correspondence of the PDP by its National Chairman without the National Secretary, violated the law and consequently made such notices and correspondences a nullity.
According to Omotosho, Article 36(1a and b) of the PDP’s Constitution empowers the National Secretary to conduct handle the correspondence of the PDP, and also issue notice of meetings, congresses and conventions.
“The law is trite” Omotosho said, “political parties must obey their constitution…the supposed discord of the party is not the business of this court…we will not allow political parties to make nonsense of the law by excluding the National Secretary in the conduct of its internal affairs”.
The court cited Cross River and Kebbi States as instances where the party’s notice of congress was signed only by the national chairman, noting that the document was dated September 25.
He also held that the action of the national chairman in signing notice of congress in addition to postponement notice was invalid and as such INEC cannot give the said congresses any recognition.
The court also invalidated the October 15 National Executive meeting of the PDP because the party failed to issue notice which deprived INEC the opportunity to monitor.
Omotosho concluded that non-compliance with the laws and regulations of political parties if allowed would open the floodgates of disobedience to the Electoral Act and will be detrimental to democracy.
He said although INEC may not be able to stop political parties from conducting their meetings, congresses and conventions, the Electoral Act empowers it to “invalidate such deficient meetings, congresses and conventions”, to serve as a punitive measures to check abuses.
He said that the signing of notices by the chairman alone is an act which contravened the Electoral laws as well as the party’s regulations and guidelines.
Besides, Omotosho held that the PDP failed to issue the mandatory 21 days notice of meetings and congresses to enable INEC carry out its mandatory duty of monitoring such meetings and congresses.
Omotosho held that the failure of the PDP to comply with the law has put the planned convention in jeopardy, and subsequently advised the PDP to do the necessary before going ahead with the election.
The court accordingly ordered INEC to refuse to recognize the outcome of the planned convention since a proper foundation has not been put in place for a valid convention, adding that, “INEC must act to ensure strict compliance with the law “.
Omotosho also advised the PDP to issue appropriate notices for the conduct of congresses for states and zones where Congress did not hold or were postponed, adding that the notices must be signed by both the national chairman and national secretary to make it valid.
“INEC is not expected to give recognition to any convention not done in line with the law.
“INEC should not accept the results of any convention in breach of the law”, Omotosho held.
He also restrained INEC from putting in its website any action done in breach of the electoral act or any other laws.
Earlier, the court struck out all the submissions made by Chief Chris Uche and Eyitayo Jegede both SANs, on the grounds that they were not the proper counsel to represent the PDP, NEC, and NWC.
Recall that the party’s Acting National Chairman, Ambassador Iliya Damagum had in agreement with 14 other members of the NWC engaged Uche to represent the PDP in the legal action, on the grounds that the party’s National Legal Adviser, Kamaldeen Ajibade, SAN is working with some other persons against the interest of the PDP.
The court had ordered both Uche and Ajibade to file their responses to the suit, adding that the issue of authentic representation would be decided alongside the judgment.
According to Omotosho, a party has the right to choose its legal representative in any case involving it and the PDP by its Constitution has chosen the Legal Adviser to represent it in all dispute involving the PDP, adding that the chairman cannot chose a representative without the input or recommendation of the National Legal Adviser.
Nyesom Wike’s Reaction: Nyesom Wike, the Minister of the Federal Capital Territory (FCT) and a prominent PDP member involved in internal party conflict, welcomed the court’s verdict. He described the ruling as a victory against “impunity” within the party, stating it was one of the “happiest days of his life” while simultaneously expressing sadness over the party’s unsettled state.
PDP Forum of State Chairmen: This forum had earlier denounced and distanced themselves from the lawsuit that sought to stop the convention, condemning the court action in strong terms and asserting it was not the correct approach for addressing party issues. Their position was clear that the suit should not undermine the party