Federal High Court rejects bid to compel INEC to publish Turaki-led PDP executives
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), ruling that the plaintiffs lacked the legal standing to institute the action.
Delivering judgment on Friday, Justice Salim Ibrahim upheld preliminary objections filed by INEC and other parties, holding that the plaintiffs, led by PDP Board of Trustees Chairman Adolphus Wabara, had no locus standi to sue on behalf of the party. The court consequently struck out the suit for want of jurisdiction.
The judge held that the plaintiffs failed to establish that INEC had recognised the purported interim leadership or that they were authorised to institute proceedings in the name of the PDP.
The suit, filed on June 4 by a legal team led by Chris Uche (SAN), sought orders compelling INEC to update its records and recognise the factional interim NWC headed by Kabiru Turaki (SAN). The plaintiffs also asked the court to direct the electoral commission to publish the names of the interim executives on its official website.
They argued that the names of the Turaki-led executives had been forwarded to INEC through letters dated May 4 and that, under the Nigerian Constitution and the PDP Constitution, the commission was obliged to recognise correspondence from the interim leadership.
The 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, while INEC was named as the sole defendant.
Before the substantive judgment, Justice Ibrahim granted applications by a rival PDP faction aligned with the Minister of the Federal Capital Territory, Nyesom Wike, to be joined in the suit. The faction, led by its National Chairman, Abdulrahman Mohammed, argued that it represented the authentic leadership of the party and challenged the competence of the suit.
In his judgment, Justice Ibrahim held that the action amounted to an abuse of court process because it sought to reopen issues that had already been determined by competent courts.
He also struck out the PDP as a plaintiff, ruling that the claimants lacked the party’s authorisation to institute proceedings in its name.
According to the court, granting the reliefs sought would undermine existing judicial decisions, while the issues raised had become academic because evidence before the court showed that the PDP convention which produced the Mohammed-led executives had been duly monitored by INEC.
“The court does not decide hypothetical or academic questions,” the judge held.
Justice Ibrahim further ruled that the case was incompetent because it was commenced by Originating Summons despite involving substantial disputes of fact requiring oral evidence.
The court also took judicial notice of existing judgments nullifying the PDP convention held in Ibadan, Oyo State, on November 15 and 16, which produced the Turaki-led executives.
Having upheld the respondents’ preliminary objections, the court struck out the suit in its entirety.