The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from monitoring or recognising the outcome of the forthcoming Peoples Democratic Party (PDP) national convention.
Justice James Omotosho, in a judgment, held that the PDP failed to comply with relevant conditions and laws for the conduct of the convention.
The News Agency of Nigeria (NAN) reports that the plaintiffs; Austin Nwachukwu (Imo PDP chairman), Amah Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South), had filed the suit.
They had sued INEC, PDP, Samuel Anyanwu, National Secretary of the party; Umar Bature, National Organising Secretary of the party; National Working Committee (NWC) and National Executive Committee (NEC) of the party as 1st to 6th defendants.
Others joined in the suit are Umar Damagum, the PDP National Chairman; Ali Odefa and Emmanuel Ogidi as 7th, 8th and 9th defendants respectively.
The plaintiffs had instituted the suit to stop the planned Nov. 15 and Nov. 16 National Convention of PDP scheduled for Ibadan in Oyo State where it’s new national officers are expected to be elected.
But the PDP, in its response to the suit, urged the court to dismiss the case of the plaintiffs on the grounds of jurisdiction.
It argued that the plaintiffs lacked the legal rights to file the suit and that they 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 defendants, the case of the plaintiffs was beyond the purview of “internal affairs” of the party.
The judge acknowledged that internal affairs of political parties is a no-go area for the court.
He, however, observed that the plaintiffs did not contend leadership but the need for 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.
“1st defendant is saddled with the responsibility of monitoring, making regulations and guidelines for the conduct of party’s primary, congresses and conventions,” he said.
The judge held 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.
According to him, doing so will be tantamount to supporting illegality.
On the issue of locus standi (legal right), the judge also disagreed that the plaintiffs lacked the necessary legal rights or failed to exhaust internal mechanism of the party because the legal action was not against the PDP but INEC.
Besides, he pointed out that the suit was a civil action aimed at sanitising 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.
Justice Omotosho held that the PDP failed to comply with relevant conditions and laws for the conduct of its convention slated for Nov. 15 and Nov. 16 in Ibadan, the Oyo State capital.
He 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.
He 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(1)(a) and (b) of the PDP’s Constitution empowers the national secretary to conduct and handle the correspondence of the party, and also issue notice of meetings, congresses and conventions.
“The law is trite. Political parties must obey their own 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,” he said.
The court cited Cross River and Kebbi as instances where the party’s notice of congress was signed only by the national chairman, noting that the document was dated Sept. 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 Oct. 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, Justice 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.
He held that the failure of the PDP to comply with the law had put the planned convention in jeopardy, and subsequently advised the party to do the needful before going ahead with the election.
The court accordingly ordered INEC to refuse to recognise the outcome of the planned convention since a proper foundation had not been put in place for a valid convention.
“INEC must act to ensure strict compliance with the law,” he said.
The judge 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.’
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, SAN, and Eyitayo Jegede, SAN, on the grounds that they were not the proper counsel to represent the PDP, NEC, and NWC.
