UCHE AGOMOH

June 8 (THEWILL) — The Court of Appeal in Abuja’s recent decision has once again sparked public outrage over Nigerian judges’ excessive meddling in political party disputes.

Besides ruling on the substantive case of the lingering leadership crisis in the Peoples Democratic Party, PDP, before her, Justice Uche Agomoh of the Federal High Court in Ibadan went beyond her brief, the recent Appeal Court ruling has revealed.

THEWILL recalls that Justice Agomoh had, in a judgement, nullified the November 15 and 16, National Convention of the PDP that produced Taminu Tanimu Turaki, a Senior Advocate of Nigeria, SAN, as the National Chairman of the PDP, alongside his National Working Committee members. They had violated a valid court order, the Judge ruled. However, Justice Agomoh did not stop there. She went ahead to recognise the Caretaker Committee led by Abdulrahman Mohammed as the valid leadership of the PDP.

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Miffed by the ruling, the Turaki-led NWC approached the lower court to review the court judgement. Mohammed and his NWC, including the Secretary of the National Caretaker Committee, Senator Samuel Anyanwu, and the Chairman of the factional Board of Trustees (BOT) of the PDP, Mao Ohuabuwa, rose in defense of the ruling. They filed an application asking the appellate court to dismiss the appeal for being academic, as the apex court has already resolved the issue over party leadership.

Turaki- led NWC argued that the Court of Appeal and the Supreme Court made no mention of the caretaker committee, arguing that the issue is “a live issue” before the appellate court. They submitted that the recognition of the caretaker committee was not sought by any party before Justice Agomoh, adding that the trial court went beyond its powers to recognise the Mohammed-led PDP.

Everything came to light on Wednesday, June 3, 2026, when the court released the Certified True Copy of the latest appellate court ruling.

Ruling in the motion, the appellate court in judgement delivered by Justice Uchechukwu Onyemenam and unanimously supported by Justices Mohammed Mustapha and Okon Abang, held that though the said live issue, which was connected to the November convention, had been nullified, it cannot be adjudicated by the Court of Appeal. Again, Justice Agomoh granted what was not canvassed. Ultimately, her legal and administrative interference had further complicated the prolonged PDP leadership crisis.

According to the Court of Appeal, the main relief sought in the Federal High Court in Ibadan was the recognition and enforcement of decisions from the Ibadan Convention. “Since the Supreme Court previously declared that the convention null, void, and without effect, any request to recognize any subsequent election results automatically became unenforceable. Legally, one cannot build on a foundation that no longer exists,’’ the appellate court ruled,

While it considered how the Federal High Court in Ibadan decided to grant recognition to a caretaker committee led by Abdurahman Mohammed and Samuel Anyanwu, the Court of Appeal also found that the trial court overstepped its bounds by granting orders beyond the reliefs requested. It averred that none of the parties had asked for recognition or validation of the caretaker committee, yet the Federal High Court went on to grant such recognition.

Moreover, the appellate court observed that, had the Supreme Court not nullified the Ibadan Convention, there might have been grounds for further judicial review of the legality of the leadership structures supposedly created or validated by that convention.

Aside from issues of jurisdiction and relief, the judgment clarifies the legal and administrative status of the caretaker committee and the actions taken in its name. Meanwhile, warring leaders of the party have reacted differently to the judgement.

Minister of the Federal Capital Territory, FCT, Nyesom Wike, dismissed any reservations about the leadership of Mohammed, saying doubters should await the final confirmation of party leaders by the Independent National Electoral Commission, INEC, in July, 2026.

Former presidential aide, Umar Sani said the broader issue goes beyond Wike, PDP, or any single political group. He noted that collectively, the decisions of both courts effectively end the caretaker committee controversy. The legal justification for its existence has been nullified, and the recognition previously granted by the Federal High Court can no longer stand. He said the ruling “underscores a longstanding legal principle: courts must focus only on the issues and reliefs presented by the parties. They are not authorized to create cases or grant remedies that were never sought.”

The focus, he added, now shifts to INEC. “As a regulatory agency expected to operate within the law, INEC has the opportunity to demonstrate its adherence to statutes and the rule of law by ensuring its records and actions reflect the outcomes of the appellate and Supreme Court rulings,” he said.

“Ultimately, the significance of the Court of Appeal ruling lies not just in dismissing the main appeal, but in clarifying the legal errors identified in the trial court’s judgment. This decision provides the final legal clarity needed to resolve this chapter of the PDP leadership dispute.”

He said, “It concerns the credibility of institutions expected to operate above partisan interests. Democracy endures not only because institutions are independent, but because citizens believe they are. The recent Court of Appeal ruling offers INEC a chance to prove it remains guided only by law, facts, and statutory duty. The commission must carefully review the legal implications of the ruling and make decisions that are transparent, fair, and justifiable,” he said, adding that, “At a time when many Nigerians already doubt INEC’s neutrality, it can’t afford actions that further diminish public trust. The commission owes a duty not just to political parties, but also to millions of citizens and the international community who all care about Nigeria’s democratic future.

Notable legal scholar and public intellectual, Professor Chidi Odinkalu, is more measured in his reaction. “Uche Agomoh, a judge of @FederalHigh, chose to invent a relief no one had asked for & declare Sam Daddy & Abdulrahman Mohammed as owners of @OfficialPDPNig,” he said in his X platform page, adding, “Now, @CourtAppealNg has overruled her & said that a court is not a ‘Donatus’ like that. Surely Uche Agomoh already knew that. She has been a judge since 2012. So, lack of experience is not one of her issues. Who can rule out corruption?”

In his swift reaction, Ebonyi State Publicity Secretary, Nwafor Richard Nwali, said the court verdict is clear on who rules at the party. “We call on the INEC to immediately effect the necessary changes on its website and cease recognizing impostors masquerading as party leaders following a court ruling that has nullified their claims. We advise Abdulrahaman, Anyanwu, and Ajibade, and associates to stop presenting themselves as party leaders.” Also, the Zamfara Caretaker Committee Chairman, Alhaji Hassan Mohammed Daudawa, described the judgement as a clear vindication of the party’s constitution and a necessary cleansing process to rid PDP of elements intent on destabilizing its ranks.

Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.

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