The conflicting judgements arising from three courts of cognate jurisdiction over the National Elective Convention of the Peoples Democratic Party (PDP) is causing some disquiet within the judicial circle, Blueprint.ng eports.
It is on record that there are subsisting judgements on the matter in just two weeks.
While top legal practitioners described the situation as dangerous and also called on the Legal Practitioners Disciplinary Committee (LPDC) not to spare erring lawyers in the controversy, Blueprint also gathered that any judicial officer found to have played an ignoble role risks being sanctioned by the National Judicial Council (NJC).
The LPDC is an independent committee of the Body of Benchers established by the Legal Practitioners Act, while the NJC is charged with appointment, discipline and promotion of judicial officials.
…Conflicting judgement scenarios
Following internal wrangling within the PDP fold, JusticeJames Omotosho, in Suit No FHC/ABJ/CS/2120/2025, ordered on October 31, 2025, that the Convention slated for 15 and 16 of November 2025, in Ibadan, Oyo state, be put on hold.
This, the court said, was on the ground that the major opposition party did not conduct valid state congresses, and failed to issue the mandatory 21-day notice to the Independent National Electoral Commission (INEC), thus breaching the party’s Constitution and the Electoral Act.
And just as the order was subsisting, Justice A.L. Akintola of the Oyo State High Court, in yet another ruling, granted an ex-parte order on the 3rd of November 2025, in Suit No I/1336/2025.
The ruling specifically gave the PDP the go-ahead as planned, and restrained the party from truncating or disrupting the timetable/guidelines, while also directing INEC to attend the exercise as observers in compliance with the Electoral Act.
The order followed an ex-parte motion filed by Folahan Adelabi against the PDP, its National Chairman, Umar Damagum, Chairman of the National Convention Organising Committee/Adamawa state, Governor Ahmadu Fintiri, and INEC.
And on Monday, November 10, 2025, the same court adjourned the hearing of a Motion on Notice in a separate suit filed by Adelabi against the PDP and other respondents.
The adjournment, he said, was to allow both parties file and exchange all necessary processes before the substantive hearing could begin.
And while this was on, another Federal High Court, sitting in Abuja, Tuesday, ordered the PDP to halt the convention and also barred INEC from supervising or recognising the outcome.
Justice Peter Lifu issued the order while ruling on an application filed by former Jigawa state governor, Sule Lamido.
Lamido had alleged that he was unjustly denied the opportunity to purchase the nomination form for the national chairmanship position, thus excluding him from the exercise.
The court noted that the order became imperative because the PDP had failed to comply with the relevant legal requirements guiding the conduct of such conventions.
Justice Lifu said the evidence before the court showed the party did not publish the timetable for the exercise as required by law, and therefore acted in breach of due process, adding that the balance of convenience favoured Lamido, because he would suffer greater harm if unlawfully excluded from the process.
The court said: “In a constitutional democracy, due process of law must be strictly observed by those in authority. To act otherwise is to endanger the very foundation of democracy itself.”
…NJC petitioned
Dissatisfied with the seeming abuse of judicial process, some PDP chieftains, three in all, had petitioned the NJC, asking the body to investigate and sanction the trial judge in the Oyo state High Court.
Namely Hon. Austin Nwachukwu, Hon. Amah Abraham Nnanna and Mr Turnah Alabh George, the trio were plaintiffs in the Abuja Federal High Court Suit Number FHC/ABJ/CS/2120/2025.
“The Injunction issued by Justice Akintola amounts to sitting on appeal against the judgment of the Federal High Court sitting in Abuja in the above mentioned Suit. Copy of the judgment of the Federal High Court with specific attention to pages 88 – 93 where the Federal High Court specifically ruled and ordered as per Reliefs Number 3, 4, 5, 6, 7, 8, 9 and 10 respectively to the effect that the PDP is not entitled to hold convene or conduct its national convention scheduled for the 15th and 16th days of November, 2025 is hereby attached,” they said.
The petitioners further said: “To our dismay, as Plaintiffs in the said judgment, Hon. A.L. Akintola of the High Court of Justice of Oyo State constituted himself into the Court of Appeal of Nigeria and set aside the said judgment of the Court on the 3rd of November, 2025.
“I hereby verify that the entire facts stated in our petition are nothing but the truth of the situation and circumstances of the judgment of the Federal High Court and the Exparte Order delivered by Hon Justice A.L. Akintola which automatically set aside the Order of the Federal High Court.”
…Dangerous trend, say SANs
In an appraisal of the judicial drama, some senior lawyers who spoke to Blueprint described the ‘legal conundrum’ as dangerous.
In his view, Jimoh Mumini Adebimpe, SAN, said there was a considered judgment at the Federal High Court in Abuja by Justice Omotosho, where parties argued issues, and that those dissatisfied got injunction elsewhere.
He said: “Although I cannot say precisely what they intend to achieve, but I am aware that there were appeals on both sides.
“However, the Federal High Court judgment where all parties presented their issues and argued remains. I mean, why are they still going to Ibadan after the judgment delivered by Justice James Omotosho?
“And as for the ex-parte, ex-parte is very dangerous and I think the judges should be very careful,” Adebimpe said.
Also baring his mind, another learned silk, Dayo Akinlaja, SAN, described the situation as “legal conundrum difficult to comprehend.”
Akinlaja said: “For sure, there is a legal conundrum here. It is difficult to comprehend what is happening.
“I must admit that I do not have the benefit of all the details. That being so, I am not in a position to proffer any solution or suggestion on the seeming impasse.”
Taking a position, another senior lawyer, Hameed Ajibola, SAN, argued that the earlier order of the court remains.
“In my humble opinion, the situations are highly sad, to say the least.
“My view is that the earlier order of the court stands being the first order being made on the subject.
“Also, I humbly submit that those lawyers who after being aware of the suit pending, went to abuse the court by securing conflicting orders, should be petitioned to the LPDC for necessary disciplinary measures to protect the image of the Nigerian justice system,” Ajibola said.
…Past sanctions by NJC
It’s on record that the NJC had in 2021, sanctioned three judges from courts of concurrent jurisdiction for granting conflicting ex-parte orders which incidentally were in PDP matters, with the same parties and subject matters.
Justice Okogbule Gbasam of the Rivers State High Court lost her promotion for two years and also issued a warning letter to be circumspect in granting such ex parte orders in the future. Justice Nusirat I. Umar of the High Court of Kebbi state was barred from elevation to the higher Bench for two years, and also got a warning letter.
Justice Edem Ita Kooffreh of the Cross River High Court lost his promotion for five years for being used as a tool for “forum shopping” and abuse of court processes.
