THE FEDERAL High Court in Abuja on Tuesday reserved judgement in a suit filed by Sen. Adolphus Wabara-led Board of Trustees (BoT) of the Peoples Democratic Party (PDP), seeking recognition by the Independent National Electoral Commission (INEC).
Justice Salim Ibrahim, who stated this after lawyers to the parties adopted their processes and presented their arguments for and against the suit, said that judgement date would be communicated to parties.
The Wabara-led BoT filed the fresh suit seeking an order of the court compelling INEC to recognise the PDP interim National Working Committee (NWC)’s faction led by its National Chairman, Kabiru Turaki, SAN, in its official website.
The plaintiffs also sought an order directing the electoral umpire to, forthwith, update its records and publish on its official website the interim NWC of the party as forwarded to it by the plaintiffs and its National Executive Committee (NEC).
They said the names of members of the Kabir Turaki-led NWC was forwarded to the electoral umpire via their letters dated May 4.
The originating summons, marked: FHC/ABJ/CS/1159/2026, was filed on June 4 by a team of lawyers led by Chief Chris Uche, SAN. The BoT members, who are plaintiffs in the suit, are ex-Senate President Adolphus Wabara; BoT Secretary, former Gov. Muazu Babangida Aliyu of Niger; ex-Minister of Information, Prof. Jerry Gana and PDP chieftain, Olabode George as 1st to 4th plaintiffs.
Others are former Minister of Women Affairs, Hajiya Maryam Ciroma; also an ex-Minister of Women Affairs and Social Development, Hajiya Zainab Maina; member of BoT and NEC, Dame Esther Uduehi and PDP as 5th to 8th plaintiffs respectively.
They sued INEC as sole defendant in the suit.
But the PDP faction, loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, is challenging the jurisdiction of the court to hear the suit.
On Tuesday, although Uche announced his appearance for the 1st to 8th plaintiffs in the suit, another lawyer, Sunday Ameh, SAN, also announced his representation for the 8th plaintiff (PDP).
The Wike-backed PDP executives led by the National Chairman, Alhaji Abdulrahman Mohammed; Sen. Samuel Anyanwu, National Secretary and Kamardeen Ajibade, National Legal Adviser, all sought to be joined in the suit as 2nd, 3rd and 4th defendants respectively.
They were represented in court by Emmanuel Ukala, SAN, while Joseph Daudu, SAN, appeared for Austin Nwachukwu, former Imo PDP chairman; Abraham Amah and Goerge Turner, who sought to join the suit as fifth and seventh defendants respectively. They prayed the court to dismiss the suit in its entirety.
Justice Ibrahim had, on June 30, granted leave to the applicants seeking to join the suit to file all their processes including preliminary objections and counter affidavits to the main suit, which would all be taken together and rulings and judgement delivered.
The judge gave the order after counsel to the plaintiffs, Uche, informed the court that the suit was time bound based on INEC’s revised timetable and schedule of activities for the 2027 general elections which gave July 17 as ultimatum for uploading of candidates’ names for the 2027 general elections.
When the case was called earlier, Uche informed the court that the matter was slated for hearing and that they were ready to proceed.
“On the last adjourned date, in the light of many processes filed by parties and non-parties in this matter, it was agreed that all processes be adopted today with the substantive suit my lord.
“All processes have been dully exchanged and we are ready to proceed. My lord said all processes be taken together looking at the urgency involved and in the interest of justice,” he said.
Ameh, who also appeared for 8th plaintiff (PDP), said not withstanding the magnanimity, he disagreed with Uche’s submission about the urgency of the matter.
“I want to say that this is a self-inflected urgency because if they knew, they would have filed long ago,” he said.
Ameh contested the presence of PDP as a plaintiff before the court because the party did not authorise Uche to file the suit.
He said it was against the development that he filed a notice of change of counsel and a motion seeking an order striking out the PDP (8th plaintiff)’s name from the suit.
He said the ruling of the court would determine whether the PDP’s name ought to be in the suit or not.
INEC’s lawyer, Olusegun Adeyemi, also informed the court that the commission filed a preliminary objection and a counter affidavit against the originating summons.
Adopting his processes, Ameh said he filed a motion for change of counsel and a motion on notice seeking the striking out of the name of the 8th plaintiff from the suit on June 19. He adopted all the processes filed and urged the court to grant their prayers.
Responding, Uche opposed Ameh’s application. He said in opposition, a 72-paragraph counter affidavit was filed and deposed to by Turaki, the factional national chairman with two exhibits. The lawyer prayed the court to dismiss the application as being misconceived and frivolous. He also urged the court to dismiss the application for a change of counsel.
On the issue of joinder, Ukala adopted his process filed on June 18. He said Mohammed, Sen. Anyanwu and Ajibade were necessary parties. He said an affidavit, deposed to by Anyanwu, contained documentary evidence marked as Exhibits XN1 to XN6.
He said the applicants were elected as caretaker committee to steer the ship of the party, in line with a judgment of court delivered in Ibadan, the Oyo State capital.
“Here, the court took a decision that the convention held in Ibadan between Nov. 15, 2025 and Nov. 16, 2025, is a nullity that a caretaker be put in place,” he said.
But Uche opposed the application for joinder. He said in opposition, they filed a counter affidavit deposed to by ex-Gov. Aliyu. The lawyer, who urged the court to dismiss the joinder application, said the applicants “are meddlesome interlopers and busy bodies.”
He argued that the questions raised in their originating summons had no bearing against any other parties except INEC. Citing Section 287 of the constitution to back his argument, Uche urged the court to discountenance Ukala’s submission.
Daudu equally adopted his application to join Nwanchulwu, Amah and Turner as 5th to 7th defendants which Uche also opposed.
The preliminary objection and the substantive suit were equally taken by the judge and all the lawyers, including INEC’s counsel adopted their processes and argued their case for and against the suit.
INEC’s lawyer, Adeyemi, urged the court to dismiss the suit for lack of jurisdiction. He said their preliminary objection dated, June 22, was filed on June 23. He said “it is praying for an order dismissing the suit for want of jurisdiction.” According to him, the application is predicated on four grounds.
“We rely on all the paragraphs of the affidavit. We also filed a written address. We adopt the written address in support of our preliminary objection in praying this court to strike out the suit for want if jurisdiction,” he said.
Resounding, Uche opposed the objection. He said a counter affidavit was filed on June 29 against the commission’s objection. “We adopt and rely on the written address in urging my lord to dismiss the application as being grossly misconceived, frivolous and lacking in merit,” he said, further submitting that INEC had no ground to respond to a suit of this nature.
After listening to all the lawyers, Justice Ibrahim reserved ruling and judgement to a date to be communicated to parties. (NAN)
