The Federal High Court in Abuja has awarded N140 million in costs against the Adolphus Wabara-led Board of Trustees (BoT) of the Peoples Democratic Party (PDP) for instituting a frivolous lawsuit against the Independent National Electoral Commission (INEC) and other parties. Justice Salim Ibrahim, delivering the judgment on Friday, also dismissed the leadership tussle suit, describing it as “an abuse of court process, unmeritorious and lacking in merit.”
Court orders payment of N140 million
Justice Ibrahim agreed with the defendants that “cost follows event,” and held that the fine was consistent with Section 83(6)(b) of the Electoral Act, 2026. Additionally, the judge ordered the plaintiffs’ lead counsel, Chris Uche, to personally pay N10 million to deter the filing of frivolous cases concerning the internal affairs of political parties.
Background of the suit
The suit, marked FHC/ABJ/CS/1159/2026, was filed on 4 June by a legal team led by Chris Uche on behalf of the Wabara-led BoT. The plaintiffs sought an order compelling INEC to recognize the PDP interim National Working Committee (NWC) faction led by Kabiru Turaki on its official website. They claimed that the names of Turaki’s NWC members were forwarded to INEC via letters dated 4 May.
The plaintiffs included former Senate President Adolphus Wabara (1st plaintiff), BoT Secretary and former Niger Governor Babangida Aliyu (2nd plaintiff), former Information Minister Jerry Gana (3rd plaintiff), PDP chieftain Olabode George (4th plaintiff), former Women Affairs Minister Maryam Ciroma (5th plaintiff), former Women Affairs Minister Zainab Maina (6th plaintiff), BoT and NEC member Esther Uduehi (7th plaintiff), and the PDP itself (8th plaintiff). INEC was named as the sole defendant.
Wike faction challenges jurisdiction
A PDP faction loyal to the Minister of the Federal Capital Territory, Nyesom Wike, challenged the court’s jurisdiction. While Chris Uche announced appearance for the first to eighth plaintiffs, another lawyer, Sunday Ameh, from the Wike camp, announced representation for the eighth plaintiff (PDP). The Wike-backed PDP executives—National Chairman Mohammed Abdulrahman, National Secretary Samuel Anyanwu, and National Legal Adviser Kamardeen Ajibade—sought to join the suit as second, third, and fourth defendants, represented by Emmanuel Ukala. Joseph Daudu appeared for Imo PDP chairman Austin Nwachukwu, Abraham Amah, and George Turner, who sought joinder as fifth to seventh defendants.
Defendants seek dismissal
All defendants, including INEC, filed preliminary objections and counter affidavits, praying the court to dismiss the case for being an abuse of court process and incompetent. Sunday Ameh argued that PDP did not authorize Chris Uche to file the suit, filing a notice of change of counsel and a motion to strike out PDP’s name. Chris Uche opposed these applications, calling them misconceived and frivolous.
Judgment: No legal basis for suit
Justice Ibrahim found merit in Ameh’s argument that the Wabara-led BoT had no legal basis to institute the suit on PDP’s behalf. The judge struck out PDP as the eighth plaintiff, agreeing that the first to seventh plaintiffs lacked authority to include the party. He granted the joinder applications, making Abdulrahman, Anyanwu, Ajibade, Nwachukwu, Amah, and Turner second to seventh defendants.
On INEC’s preliminary objection, the judge agreed that the court lacked jurisdiction to entertain the suit, which concerned the internal affairs of a political party. Upholding objections from the second to seventh defendants, he noted that PDP’s name had been struck out. On the substantive suit, Justice Ibrahim held that the plaintiffs failed to prove entitlement to any reliefs. He affirmed the leadership of the Abdulrahman-led faction (loyal to Wike), stating that the reliefs sought were not grantable.
Previous judgments not set aside
The judge agreed with defendants that previous court judgments—including one by Justice Joyce Abdulmalik affirming the Abdulrahman-led leadership and granting access to the party’s national office—had not been set aside. He also accepted the argument that the March convention that produced the current Wike faction leaders was in line with a valid, unvacated court judgment. Filing the suit, he held, amounted to relitigating a settled case.
