2027 Polls: Appeal Court declines to recognise Wabara-led PDP BoT

By Ikechukwu Nnochiri ABUJA — Ahead of the 2027 general elections, the Court of Appeal sitting in Abuja on Wednesday declined to compel the Independent National Electoral Commission (INEC) to recognise the Senator Adolphus Wabara-led Board of Trustees (BoT) of the Peoples Democratic Party (PDP). The appellate court, in a unanimous decision by a three-member panel of justices, said it found no reason to disturb the July 17 judgment of the Federal High Court in Abuja, which dismissed the case filed by the Wabara-led BoT of the party.

It held that trial Justice Salim Ibrahim was right to throw out the suit, which sought to validate all actions taken on behalf of the party by the Tanimu Turaki, SAN-led faction of the PDP. Such actions included a national convention held by the faction, which later announced former President Goodluck Jonathan as its consensus candidate for the 2027 presidential election.

In its lead judgment, delivered by Justice R. O. Ayoola via Zoom, the appellate court held that the Wabara-led group, the Appellants, lacked the right to file an action on behalf of the PDP. Consequently, it struck out the name of the party, which was listed as the 8th Appellant, and held that the appeal was not only academic but also a gross abuse of the judicial process.

Having resolved issues one to nine of the appeal against the Appellants, the Appeal Court panel said it would not disturb the N70 million costs that the high court had earlier awarded against the litigants. In addition, further costs of N5 million each were awarded to the 1st respondent, the 2nd to 4th respondents jointly, and the 5th to 7th respondents jointly, against the 1st to 7th appellants.

“The appeal fails, and the decision of the Federal High Court in suit number FHC/ABJ/CS/1159/2026, including the order dismissing the originating summons and the orders joining the 2nd to 7th respondents and striking out the 8th plaintiff, is affirmed,” Justice Ayoola added. It will be recalled that members of the Wabara-led BoT filed the suit to compel INEC to update its database by acknowledging the factional interim National Working Committee (NWC) of the party led by Turaki, SAN.

The Appellants further sought an order directing the electoral umpire to forthwith publish on its official website the interim NWC of the party, as forwarded to it by the National Executive Committee (NEC). According to them, the names of the members of the Turaki-led national executives of the party were forwarded to the electoral body via letters dated May 4.

Aside from the former Senate President, Wabara, the other plaintiffs in the substantive suit, marked FHC/ABJ/CS/1159/2026, are the Secretary of the factional BoT, former Governor Muazu Babangida Aliyu of Niger State; ex-Minister of Information Prof. Jerry Gana; and a chieftain of the party, Olabode George. Others are a former Minister of Women Affairs, Hajiya Maryam Ciroma; a former Minister of Women Affairs and Social Development, Hajiya Zainab Maina; and a member of the BoT and NEC, Dame Esther Uduehi, as well as the PDP itself.

INEC was listed as the sole defendant in the matter, which the plaintiffs filed on June 4 through their team of lawyers led by Chief Chris Uche, SAN. They had specifically urged the court to determine whether, by virtue of Section 287(1), (2) and (3) of the 1999 Constitution, as amended, INEC was not bound to give effect to various court judgments relating to the leadership crisis rocking the PDP.

They also urged the court to determine whether, in view of Article 32 of the PDP Constitution as amended in 2017, INEC is not obligated to accord recognition to the interim NWC as forwarded to it by the 1st to 7th plaintiffs. The litigants prayed the court to compel the electoral body to give effect to all official correspondence from the interim NWC of the party.

However, the faction of the party aligned with the Minister of the Federal Capital Territory (FCT), Nyesom Wike, approached the court to challenge its jurisdiction to entertain the case. The faction maintained that the court lacked the requisite jurisdiction to grant the plaintiffs’ prayers, as the plaintiffs, it said, lacked the locus standi (legal right) to institute the action.

The Wike-backed group, which insisted that it is the authentic leadership of the PDP, also applied to be joined as an interested party in the case. Those who sought to be joined were led by the faction’s National Chairman, Alhaji Abdulrahman Mohammed, and included the National Secretary, Senator Samuel Anyanwu, and the National Legal Adviser, Kamardeen Ajibade.

Others were a former Chairman of the PDP in Imo State, Mr. Austin Nwachukwu; Abraham Amah; and George Turner. All the defendants, including INEC, filed preliminary objections and counter-affidavits, praying the court to dismiss the case in its entirety. The Mohammed-led faction equally urged the court to strike out the PDP’s name from the suit, insisting that the party had not authorised the action.

Co