A Federal High Court in Abuja has struck out 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), effectively dashing hopes for the faction’s participation in next year’s general election.
Justice Salim Ibrahim of the Federal High Court, Abuja, in a ruling on Friday, held that the suit filed by the Board of Trustees (BoT) of the PDP led by Senator Adolphus Wabara, was incompetent and lacking in merit. He consequently dismissed the suit.
Delivering a ruling in a preliminary objection filed by the electoral commission, Justice Ibrahim held that the plaintiffs lacked locus standi (the legal authority) to institute the suit and consequently struck it out for want of jurisdiction.
According to the ruling, the plaintiffs failed to establish that INEC had recognised the purported interim National Working Committee (NWC) instituted by the caretaker committee or that they had the authority to sue on behalf of the PDP, in the first instance.
Recall that following the nullification of the national convention of the PDP, which last year produced the Turaki-led national executive, the Wabara-led BoT in a bid to avoid a vacuum inaugurated an Interim NWC led by Turaki.
Members of the Wabara-led Board of Trustees had approached the court to compel INEC to update its records and recognise the factional interim NWC headed by Kabiru Turaki (SAN). They also sought an order directing the electoral commission to publish the names of the interim executives on its official website.
The plaintiffs argued that the names of members of the Turaki-led executive were forwarded to INEC through letters dated May 4. They further contended that, based on constitutional provisions and the PDP Constitution, the electoral body was obligated to recognise and act on correspondence from the interim leadership.
However, the electoral umpire had already recognized and uploaded the Abdulrahman Mohammed-led leadership, loyal to Minister of the Federal Capital Territory (FCT), Nyesom Wike, as the leadership of the PDP.
However, a faction of the party aligned with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, challenged the court’s jurisdiction and sought to be joined in the case. The group, led by its National Chairman, Abdulrahman Mohammed, maintained that it represented the authentic leadership of the PDP and argued that the plaintiffs lacked the locus standi to institute the action.
In a ruling delivered before the substantive judgment, Justice Ibrahim granted the joinder applications, holding that the interests of the applicants would be affected by the outcome of the suit.
The court subsequently upheld all preliminary objections and struck out the case, describing it as an abuse of court process. Justice Ibrahim held that the plaintiffs were attempting to relitigate issues that had already been determined by various courts.
The court also struck out the PDP’s name from the suit, holding that the plaintiffs lacked the party’s authorisation to institute the action in its name.
According to the judge, the suit invited the court to make orders that would undermine existing judgments. He further held that the matter had become academic, noting that evidence before the court showed that the PDP convention that produced the Mohammed-led executives was duly monitored by INEC.
“The court does not decide hypothetical or academic questions,” Justice Ibrahim held.
The judge also ruled that the suit was incompetent because it was commenced by Originating Summons despite the contentious nature of the dispute.
In addition, the court took cognisance of existing judgments that nullified the PDP convention held in Ibadan, Oyo State, on November 15 and 16, which produced the Turaki-led executives.
Justice Ibrahim upheld the arguments of the respondents and dismissed the suit.
The court invoked the provisions of Section 83(6)(b) of the Electoral Act 2026 and imposed a cost of N70 million against the plaintiffs, in favour of the 1st to 7th defendants.
It also ordered the plaintiffs’ counsel to personally pay a cost of N10 million.
The court said the essence of the cost award was to discourage the filing of frivolous pre-election suits.