Supreme Court Split: PDP Convention Voided in 3-2 Ruling Despite Jurisdiction Dissent

By Angel Nwaozuzu

In a 3-2 split decision on Thursday, Nigeria’s Supreme Court affirmed the Court of Appeal’s ruling nullifying the Peoples Democratic Party (PDP)’s national convention.

The majority, led by Justice Stephen Adah, based its judgment on the PDP’s blatant disobedience of a valid Federal High Court order.

Adah emphasized that court judgments must be obeyed until set aside.

He noted the PDP’s failure to provide nomination forms to the plaintiff, as directed, fatally undermined its case.

The apex court held that an appellant in disobedience of a court order cannot be heard, dismissing the appeal and voiding the November 15-16 convention that installed the Tanimu Turaki-led leadership.

However, Justice Haruna Tsammani dissented in the minority judgment, ruling that the case was an internal PDP matter beyond the trial court’s jurisdiction. While agreeing the PDP wrongly disobeyed the order, Tsammani argued this did not justify dismissing the appeal, as the Federal High Court should not have entertained the suit initially.

Tsammani faulted the majority for raising the disobedience issue sua sponte, without any party raising it, denying the PDP a chance to defend itself.

He cited prior Supreme Court warnings against uncanvassed issues and allowed the appeal, striking out the suit for lack of jurisdiction.

“Since the trial court lacks jurisdiction to entertain the matter, the suit is accordingly struck out.” He maintained.