Delivering judgment on Friday, Justice Ladiran Akintola upheld the convention in its entirety, ruling that it was conducted in full compliance with relevant constitutional and statutory provisions governing party elections in Nigeria.
The decision marks a significant legal victory for the party’s leadership and brings clarity to the dispute surrounding the convention’s legitimacy.
The ruling followed an amended originating summons filed by Misibau Adetunmbi (SAN) on behalf of the claimant, Folahan Malomo Adelabi, in Suit No. I/1336/2025. In a comprehensive judgment, the court granted all 13 reliefs sought by the claimant, effectively endorsing the processes and outcomes of the Ibadan convention.
Among the issues considered was whether, in line with Articles 33(7), 47(1) and (2) of the party’s Constitution (as amended in 2017) and Section 223(2)(a) of the 1999 Constitution (as amended), the defendants had any legal basis to truncate or prevent the elective National Convention scheduled for November 15 and 16, 2025, in Ibadan.
The court also examined whether the party complied with all requirements, including the issuance of statutory notice, for the conduct of the convention.
In granting the reliefs, the court declared that, by virtue of Section 40 of the 1999 Constitution, the defendants were obligated to ensure that the claimant’s right to freedom of peaceful assembly and association was not infringed. It further held that failure to conduct the National Convention would amount to a violation of that constitutional right.
Justice Akintola ruled that, pursuant to Sections 223(1)(a) and 223(2)(a) of the Constitution, Section 82(1) and (2)(a) of the Electoral Act 2022, and the notice issued to the Independent National Electoral Commission (INEC) on August 29, 2025, all necessary modalities for the convention were duly satisfied, irrespective of whether INEC monitored the exercise.
The court further declared that, by the combined effect of Section 223 of the Constitution, Article 33(7) of the party’s Constitution, and the approved guidelines for party congresses and the National Convention effective May 1, 2024, the party was bound to conduct the convention for the democratic election of its principal national officers.
It held that the defendants were required to adhere to the approved guidelines adopted by the party’s National Executive Committee and that, following the expiration of the nomination period, they were under a binding obligation to convene the 2025 elective convention as scheduled.
The court also ruled that once convened, the convention would be deemed properly constituted, with its outcome binding on all relevant authorities and persons.
In a consequential declaration, Justice Akintola held that the National Convention held on November 15 and 16, 2025, pursuant to the court’s orders of November 3 and renewed on November 14, was legal and valid. As INEC was a party when the interim orders were made and renewed, the court ruled that the outcome of the convention is binding on the commission, which is obliged to give effect to its decisions pending any contrary pronouncement by a higher court.
The court found that the convention, organised by the recognised leadership of the party, satisfied all legal requirements under the Constitution and the Electoral Act, with no breach of due process or statutory non-compliance.
In the same proceedings, the court dismissed a Motion on Notice seeking a stay of proceedings and suspension of the ruling, filed by Sunday Ibrahim (SAN) on behalf of Austin Nwachukwu and two others, describing the applications as lacking merit.
Earlier, the court had also rejected a bid by Ibrahim to have his clients joined in the suit, ruling that the joinder application was unsubstantiated and consequently dismissing it.
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