PDP logo and court gavel
A High Court sitting in Ibadan has fixed December 8 to deliver its ruling on a hotly contested jurisdictional challenge in a suit seeking to halt the Peoples Democratic Party (PDP)’s upcoming National Convention scheduled for this weekend in the Oyo State capital.
The suit was instituted by party member Folahan Adelabi against four respondents: the PDP; its Acting National Chairman, Umar Damagun; the Chairman of the PDP National Convention Organising Committee and Adamawa State Governor, Umar Fintiri; and the Independent National Electoral Commission (INEC).
During Friday’s proceedings, INEC’s counsel, O. Adeyemi, moved and adopted the commission’s preliminary objection, insisting the court lacked the authority to entertain the case.
Adeyemi argued that the claimant was essentially asking the court to restrain INEC from performing statutory duties protected under the Electoral Act and the 1999 Constitution.
“By Section 251 of the 1999 Constitution, only the Federal High Court — and not any other court — has jurisdiction over the subject matter,” Adeyemi told the court, urging Justice Ladiran Akintola to strike out the suit.
Counsel for the PDP and Damagun, D. Durosaro, as well as counsel for Governor Fintiri, Fredrick Ladopo, informed the court that they filed no counter-response to INEC’s objection.
But the claimant’s counsel, Musibau Adetumbi (SAN), pushed back firmly.
He argued that his client approached the court for the enforcement of his fundamental right to freedom of association under Section 40 of the Nigerian Constitution, insisting the Oyo State High Court was well within its powers to hear the matter.
Adetumbi maintained that INEC’s preliminary objection was “defective” and urged the court to dismiss it, adding that there was no justification to vacate the earlier interim order protecting the claimant’s interest ahead of the convention.
Justice Akintola adjourned the case to December 8 for ruling on the jurisdictional objection.
The court will also hear applications filed by additional parties seeking to be joined as the fifth, sixth, and seventh respondents, represented by Emmanuel Ukala (SAN).
Before rising, the judge reaffirmed that the interim order—which restrains the respondents from “truncating” the PDP’s convention originally slated for November 15 and 16—remains in force.
It will be recalled that on November 4, the same court granted Adelabi’s ex parte motion, directing the PDP leadership to strictly comply with its published guidelines, timetable, and schedule of activities for the Ibadan convention, while ordering all parties to file necessary processes.
