₦airaland Forum

The Court of Appeal in Abuja has faulted Justice Uche Agomoh of the Federal High Court in Ibadan, for granting reliefs that were not sought by any of the parties in a dispute involving the Peoples Democratic Party (PDP).

In a judgment delivered by Justice Uchechukwu Onyemenam of the Court of Appeal, the appellate court held that the trial judge went beyond the reliefs before her when she recognised a factional caretaker committee in the PDP leadership crisis.

The dispute stems from a judgment delivered by Agomoh on January 30, in which she held that the PDP caretaker committee led by Abdurahman Mohammed and Samuel Anyanwu was the legitimate faction of the party.
The Court of Appeal said none of the parties had sought such a declaration.

“In the instant case, there is clearly a live issue where the trial court went outside the reliefs sought to recognize and uphold a factional caretaker committee,” Onyemenam said.

The appellate court added that if the declaratory and injunctive reliefs sought on appeal had not been tied to the legitimacy of the Ibadan convention already nullified by the Supreme Court, it would have ordered a retrial on the leadership organs purportedly created or validated by the convention.

“Once the Convention itself has been pronounced null, void and of no effect by the Supreme Court, any superstructure erected upon it is necessarily without legal foundation,” the court held.

The court said the legal foundation of the Anyanwu-led caretaker committee recognised by the trial court had been extinguished by the Supreme Court's judgment. It added that revisiting the issue would serve no practical legal purpose.

The Court of Appeal stopped short of expressly describing the trial court's action as ultra petita, a legal doctrine referring to situations where a court grants relief beyond that sought by the parties.

Part of the judgment reads: “This Court would be driven to the conclusion that the offending portions of the judgment, and indeed the judgment as a whole insofar as the excess permeates the decision, are a nullity and liable to be set aside ex debito justitiae.

“A direction to the trial court to retry an issue that has been settled at the apex level would, in effect, invite it either to repeat what has already been decided or to purport to sit in judgment over the Supreme Court, both of which the law forbids.

“On the merits, I hold that, by reason of the binding decisions of this Court in Appeal No. CA/ABJ/1695/2025 and of the Supreme Court in Appeal No. SC/CV/164/2026, which nullified the Ibadan Convention of 15th–16th November 2025 and settled the core issues underlying this appeal, there is no longer any live controversy between the parties.”

The judgment was supported by Justices Mohammed Mustapha and Okon Abang, the other members of the three-member panel.

The decision effectively nullifies the basis upon which the Federal High Court recognised the caretaker committee linked to the Abdurahman Mohammed faction of the PDP.

https://dailypost.ng/2026/06/05/appeal-court-faults-high-court-judge-over-pdp-caretaker-committee-ruling-in-ibadan/

Previous Thread:
PDP: Court Nullifies National Convention in Ibadan, Turaki & Wike Factions React

Uche Agomuo had misapplied and misapprehended the law. That FHC Ibadan judgement has been the Strand INEC has been holding on to recognise the Wike-led faction, now it's GONE.

fergie001:
Uche Agomuo had misapplied and misapprehended the law. That FHC Ibadan judgement has been the Strand INEC has been holding on to recognise the Wike-led faction, now it's GONE.

That Judge behaved like nothing but a meddlesome interloper in that case but thank God the appeal court has made sure that justice is not stood on its head.

fergie001:
Uche Agomuo had misapplied and misapprehended the law. That FHC Ibadan judgement has been the Strand INEC has been holding on to recognise the Wike-led faction, now it's GONE.

Don't mind Agomuo the use.less ngwa judge beng pushed by ikpeazu.

Wikes pdp is now drowning in the Atlantic ocean.

Wike has effectively lost control of the PDP. His rogue faction has been sacked and currently has no legal backing, which is why he is not campaigning for any PDP candidates. Even in Rivers State, he had to advise Chinda and other of his loyalists to move to the APC and contest under its platform.

In the end, Wike has succeeded only in outwitting himself out of the PDP.

Bluntguy:
That Judge behaved like nothing but a meddlesome interloper in that case but thank God the appeal court has made sure that justice is not stood on its head.

But the same court of appeal upheld the Abuja convention that produced the current PDP Leadership!

Lifestone:
But the same court of appeal uphold the Abuja convention the produced the current PDP Leadership!

That's not true.
No Court did that!

Bluntguy:
That Judge behaved like nothing but a meddlesome interloper in that case but thank God the appeal court has made sure that justice is not stood on its head.

Not LIKE
She is a meddlesome interloper.

Funny how litigation is still ongoing especially when election is around the corner. No faction recognized so far by a compromised and dead judiciary like the Nigerian state. What this means is that the PDP is dead and non existence for 2027. For those projecting for president Goodluck Jonathan to join the contest. Idea is dead on arrival

The Court of Appeal in Abuja has faulted Justice Uche Agomoh of the Federal High Court, Ibadan Division, for granting reliefs that were not sought by any of the parties in a legal dispute involving two factions of the Peoples Democratic Party (PDP).

Oga fergie001, does Turaki camp has the right to send the candidates to Inec Portal?

Once a great party is dead and being prepared for it's funeral

fergie001:
That's not true.
No Court did that!

So who is in charge of PDP now?

Hmmmm. Really ? Since there is a fault somewhere, so which way now ?

Wike will never smell VP or president of this country.

He has no empathy.

press9jatv:
Oga fergie.001, does Turaki camp has the right to send the candidates to Inec Portal?

INEC will give them a password, which they haven't given.
We will wait for INEC's reaction after this judgement. Initially, they have always based the recognition of the Wike faction on the FHC Ibadan judgement.

Lifestone:
So who is in charge of PDP now?

Actually, nobody.
Anybody contesting on that platform already has a problem.

Should have been the Turaki faction, but INEC is an interested Party.

the supreme court says that for not allowing Turaki to be a part of the convention they annulled it otherwise the Ibadan faction remains the valid faction

fergie001:
That's not true.
No Court did that!

This Oluwole judge in ibadan FHC led many PDP politicians astray. It's the reason most of them identified with Woke's illegal faction. Chai, what will be the fate of my dear senator now: Her Excellency, Senator Natasha Akpoti Uduaghan, the best Senator ever from Kogi state!?

fergie001:
Uche Agomuo had misapplied and misapprehended the law. That FHC Ibadan judgement has been the Strand INEC has been holding on to recognise the Wike-led faction, now it's GONE.

So what now will happen to all the pdp's candidates that this faction has produced?

From the CTC

1. Mr Ajibade was not the national legal adviser because of his suspension and have no legal right to appoint any one to represent PDP in court.
2.That court did not recognised the caretaker committee of PDP from FCT minister group who later wrote to INEC for their convention.
3.the federal high court that recognised wike group should not have done that since it was not before the court and court should not give what that was not pleaded.
4. This is my understanding of the attached CTC judgement based on what was posted here.

The end of discussion is that the Wike version has lost out.....

My only worry is if INEC Nigeria will honour the said judgement since they choose which to honour and look aside

Y

adeiza4u:
This Oluwole judge in ibadan FHC led many PDP politicians astray. It's the reason most of them identified with Woke's illegal faction. Chai, what will be the fate of my dear senator now: Her Excellency, Senator Natasha Akpoti Uduaghan, the best Senator ever from Kogi state!?

don't worry, Natasha will carry the PDP flag. That's what the people are saying now. But I can assure you that Natasha Name will be send to Inec Portal

Nnamdini:
Funny how litigation is still ongoing especially when election is around the corner. No faction recognized so far by a compromised and dead judiciary like the Nigerian state. What this means is that the PDP is dead and non existence for 2027. For those projecting for president Goodluck Jonathan to join the contest. Idea is dead on arrival

Tinibu achieved his long term plan of destroying the pdp using wike.

fergie001:
Uche Agomuo had misapplied and misapprehended the law. That FHC Ibadan judgement has been the Strand INEC has been holding on to recognise the Wike-led faction, now it's GONE.

Wike knows this ab initio. This is why he was using force to prevent the ratification of Jonathan by the authentic Turaki faction.

Cc: Seunmsg, food don done o.

Lifestone:
But the same court of appeal upheld the Abuja convention that produced the current PDP Leadership!

Can you pull the link let's see. Bring up evidence, please.

The Obi Akpor Ghengis Khan and his horde of pretenders can now formally defect to APC. They have lost this one.

Svoboda:
Wikes pdp is now drowning in the Atlantic ocean.

Crying after the damage has been done, the pdp is in political comatose thanks to Nyesom Wike.

I like the fact that PDP is presenting Gej as their presidential candidate.

This will now further expose the trouble maker more especially in the Niger Delta

fergie001:
That's not true.
No Court did that!

Oga, take my topics to front page na. How many times will I quote you

This PDP wahala is now a distraction.

press9jatv:
From the CTC

1. Mr Ajibade was not the national legal adviser because of his suspension and have no legal right to appoint any one to represent PDP in court.
2.That court did not recognised the caretaker committee of PDP from FCT minister group who later wrote to INEC for their convention.
3.the federal high court that recognised wike group should not have done that since it was not before the court and court should not give what that was not pleaded.
4. This is my understanding of the attached CTC judgement based on what was posted here.

The end of discussion is that the Wike version has lost out.....

My only worry is if INEC Nigeria will honour the said judgement since they choose which to honour and look aside

if you under the law nd what court injunction carries, you will know inec is not at volition to decide judgement they want to obey

as it stands, wike fraction have no legal stand anywhere, any judgement they could rely on as being set aside