Justice Ladiran Akintola of Oyo State High Court sitting in Ibadan, on Friday, reiterated his earlier order restraining certain leadership of the Peoples Democratic Party (PDP) and the Independent National Electoral Party (INEC) from truncating the party’s National Convention slated for Saturday, November 15 (today) and 16 (tomorrow) in Ibadan, saying that the order is still in force.
The judge also fixed December 8, 2025 for his ruling on an application challenging his jurisdiction to entertain a suit by a member of the PDP over the party’s National Convention.
The claimant, who is also a PDP member, Folahan Adelabi, had filed the suit and named PDP, its Acting National Chairman, Umar Damagun, Adamawa State Governor Umar Fintiri, the Chairman of the PDP National Convention Organising Committee and the Independent National Electoral Commission (INEC) as co-respondents to the suit.
At the resumed hearing of the matter on Friday, lawyer to INEC, O. Adeyemi, moved and adopted his notice of preliminary objection, challenging the jurisdiction of the court and urged the court to strike out the suit.
The INEC lawyer further argued that the court lacked the powers to prevent INEC from carrying out its duty as prescribed by sections of the Electoral Act and the 1999 Constitution (as amended).
Adeyemi said that only the Federal High Court has the power to entertain the suit and not the State High Court, adding that all the claimant’s reliefs border on the PDP convention and not on enforcement of fundamental human rights.
He said, “By Section 251 of the 1999 Constitution, only the Federal High Court and no other Court has jurisdiction over the subject matter.”
He further prayed the court to uphold his preliminary objection and strike out the suit of the claimant.
The lawyer to the PDP and Damagun, D. Durosaro, informed the court that he did not file a counter response to the preliminary objection.
Lawyer to Fintiri, Fredrick Ladopo, also told the court that he did not file a response to the preliminary objection.
In his counter argument, lawyer to the claimant, Musibau Adetumbi (SAN), while opposing the preliminary objection, urged the court to dismiss the application.
Adetumbi said that the claimant had approached the court for the enforcement of his fundamental human rights under Section 40 of 1999 Constitution to protect his interest with regard to the conduct of the PDP National Convention.
He added that the claimant has the right to institute the suit at the Oyo State High Court in the grounds that the court has jurisdiction to entertain the matter, saying there was no need for the court to vacate its earlier order.
Adetumbi further said that the preliminary objection by INEC was defective and urged the court to dismiss the application.
After listening to both parties, Justice Akintola adjourned the suit till December 8 for ruling.
The judge will also hear an application of joinder filed by parties seeking to be joined as co- respondents brought by Emmanuel Ukala (SAN).
It is instructive to note that the claimant had in his earlier ex-parte motion, prayed the court to restrain the respondents from truncating the scheduled PDP national convention.
Justice Akintola had on November 4 granted the ex-parte motion of the claimant and restrained the respondents from truncating the PDP convention.
The court also directed the PDP leadership to adhere to the guidelines, timetable, and schedule of activities earlier released for the convention in Ibadan and directed parties to file all their processes in the matter.
