Headless PDP – Navigating a Dangerous Bend

Today, the Supreme Court of Nigeria, through a five-man panel presided over by Justice Mohammed Garba, in a split decision (3–2), upheld the judgments of the Court of Appeal and the Federal High Court, wherein the convention held in Ibadan was nullified.

A statement issued to newsmen by Ini Ememobong of the Turaki styled “uncompromised” PDP disclosed that the three Justices (Chioma Nwosu-Iheme, Stephen Adah, and Garba) hinged their judgments on the disrespect of a valid, subsisting judgment of the Federal High Court and therefore held that, being in contempt, the appellants cannot be accommodated in the apex court, and thus, dismissed the appeal.

However, the minority judgments by Justices Haruna Tsammani and Abubakar Umar held that the two appeals emanate from matters which are internal affairs of the PDP and are therefore non-justiciable. This is against the backdrop that the case at the FHC was not challenging any act or decision of any federal government agency but the leadership contest of the party, and therefore vewed as non justiciable.

Furthermore, they held that “it is not the duty of the court to fish out matters to execute the case for the respondent, because the majority judgment undertook the duty of raising matters suo motu without calling on the parties to address them.” The judges held that it is against the position of the apex court, wherein parties must be given the opportunity to address the court on matters raised suo motu.

With this split judgment, which also upheld the Court of Appeal’s suspension of Ajibade, SAN, Anyanwu, and others, this effectively leaves the PDP as a party without a defined leadership since the Abuja Convention of the Wike group stands that produced Anyawu and consequently would be deemed as illegal as well.

Ini however said this end, “we are certain that the existing organs of the party will take the necessary steps to salvage the party and confer leadership on it going forward.”

“This leads the vehicle of our party towards a dangerous bend, which, if not carefully navigated, may not only affect the party but also multi-party democracy in our country.” he reiterated