The Court of Appeal Abuja has dismissed PDP's appeal challenging the restraint on INEC recognizing the party's Ibadan convention outcome. The court ruled the lower court's October 31 judgment was valid, stating PDP's appeal lacked merit. PDP was ordered to pay N2 million for filing a "frivolous appeal".
In a unanimous judgment delivered on Monday, a three-member panel of the appellate court resolved all four issues raised for determination against the PDP, describing the appeal as lacking merit.
The court held that the Federal High Court was right in its October 31 judgment delivered by James Omotosho, which restrained INEC from recognising the outcome of the PDP national convention scheduled for November 15 and 16 in Ibadan.
According to the appellate court, the lower court acted within its powers when it granted all the reliefs sought by the plaintiffs in the suit.
The panel also rejected the PDP’s argument that the trial court lacked jurisdiction to entertain the matter on the grounds that it involved the party’s internal affairs.
It ruled that the plaintiffs had the legal standing, or locus standi, to institute the suit in order to protect their democratic rights.
The court further held that the PDP was not denied fair hearing as alleged in its appeal and subsequently awarded a cost of N2 million against the party for filing what it described as a frivolous appeal.
Meanwhile, the appellate court said it was yet to deliver decisions on the remaining eight appeals related to the case, which include other judgments and rulings arising from the dispute.
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