The Court of Appeal of Nigeria sitting in Abuja has dismissed an appeal filed by a faction of the Peoples Democratic Party (PDP), thereby affirming an earlier judgment that restrained the Independent National Electoral Commission (INEC) from recognising the outcome of the party’s national convention in Ibadan, Oyo State that produced Tanimu Turaki, as the National Chairman of the party.
A three-member panel of the appellate court, chaired by Mohammed Danjuma agreed with the lower court that there was no proper conduct of congresses before the November 15 and 16 convention held in Ibadan.
The Court also dismissed the argument of Turaki faction that the issues bordered on internal affairs of the party.
Earlier in the judgment, the panel dismissed the argument of the PDP faction led by Tanimu Turaki that the Federal High Court judge,Justice James Omotosho lacked jurisdiction to hear the suit against the Ibadan Convention on that grounds that the issues bordered on internal affairs of the party.
The preliminary objections raised by the respondents, faction loyal to the minister of the Federal Capital Territory Nyesom Wike that Chris Uche is not a proper legal counsel to represent PDP has been dismissed by the court on the grounds that the former PDP National Legal Adviser, Kamaldeen Ajibade was suspended by the party’s National Working Committee NWC.
In addition to dismissing the appeal, the appellate court ordered the PDP to pay a cost of ₦2 million. The court described the appeal as frivolous and lacking sufficient legal basis.
Legal analysts say the cost award is intended to discourage parties from filing appeals that do not present substantial legal questions.
Although cost orders are not unusual in appellate proceedings, the language used by the court suggests strong disapproval of the arguments advanced in the appeal
