- A Federal High Court struck out the suit seeking INEC’s recognition of the Kabiru Turaki-led PDP interim leadership
- The court ruled that the plaintiffs lacked the legal authority to file the case on behalf of the PDP
- Justice Salim Ibrahim also imposed a total cost of ₦80 million on the plaintiffs and their counsel
A Federal High Court in Abuja has dismissed a suit seeking to compel the Independent National Electoral Commission (INEC) to recognise and publish the names of the Kabiru Turaki-led interim National Working Committee (NWC) of the Peoples Democratic Party (PDP).
In a judgment delivered on Friday, Justice Salim Ibrahim ruled that the plaintiffs, led by PDP Board of Trustees Chairman Adolphus Wabara, lacked the legal authority to file the case. He therefore struck out the suit, saying the court had no jurisdiction to entertain it.
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The judge upheld preliminary objections filed by INEC and other parties who sought to be joined in the matter, holding that the plaintiffs failed to demonstrate that INEC had recognised the Turaki-led interim leadership or that they were authorised to sue on behalf of the PDP.
The case was filed by members of the Wabara-led Board of Trustees, who asked the court to direct INEC to update its records by recognising the factional interim NWC headed by Kabiru Turaki (SAN) and to publish the names of the officials on its website.
The plaintiffs argued that details of the interim executives had been forwarded to INEC through letters dated May 4, insisting that the commission was constitutionally bound to recognise communications from the interim leadership.
Those listed as plaintiffs included Wabara, former Niger State Governor Muazu Babangida Aliyu, Prof. Jerry Gana, Chief Olabode George, Hajiya Maryam Ciroma, Hajiya Zainab Maina, Dame Esther Uduehi and the PDP.
The suit, filed on June 4 through senior lawyer Chris Uche (SAN), named INEC as the sole defendant.
However, a rival PDP faction aligned with the Minister of the Federal Capital Territory, Nyesom Wike, challenged the case and applied to join the proceedings. Led by National Chairman Abdulrahman Mohammed, the group maintained that it represented the legitimate leadership of the party and argued that the plaintiffs had no legal standing to institute the action.
Before delivering the final judgment, Justice Ibrahim granted the joinder applications, noting that the outcome of the case would directly affect the applicants.
The court subsequently upheld all preliminary objections, describing the suit as an abuse of court process. According to the judge, the plaintiffs were attempting to reopen issues that had already been resolved in previous court decisions.
Justice Ibrahim also removed the PDP as a plaintiff, ruling that the action had been filed without the party’s authorisation.
He further held that the reliefs sought would conflict with existing judgments and noted that the dispute had become academic because evidence before the court showed that INEC had monitored the PDP convention that produced the Abdulrahman Mohammed-led executives.
The judge also faulted the procedure adopted by the plaintiffs, ruling that the case should not have been initiated through an Originating Summons because it involved disputed facts requiring oral evidence.
The court further recognised previous judgments that invalidated the PDP convention held in Ibadan, Oyo State, on November 15 and 16, which produced the Turaki-led leadership.
Consequently, the suit was struck out, with the court awarding ₦70 million in costs against the plaintiffs in favour of the first to seventh defendants. Justice Ibrahim also ordered the plaintiffs’ counsel to personally pay an additional ₦10 million, saying the sanctions were intended to discourage frivolous pre-election litigation.
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