Three chieftains of the Peoples Democratic Party, PDP, Austin Nwachukwu, Amah Abraham Nnanna, and Mr Turnah Alabh George, have petitioned the National Judicial Council, NJC, requesting an immediate investigation and disciplinary action against Justice A.L. Akintola of the Oyo State High Court for alleged abuse of judicial process.
The trio are plaintiffs in the Abuja Federal High Court Suit Number FHC/ABJ/CS/2120/2025, the judgment of which stopped the planned National Elective Convention of the PDP scheduled for November 15 and 16 2025 in Ibadan, Oyo State.
The petition is titled: “Petition against Honourable Justice A.L. Akintola of the High Court of Oyo State for His Lordship’s Judicial Act of Recklessness, Impunity and Flagrant Violation of the Known and Very Well Established Due Process of Law.”
It reads in part: “This Petition is against Justice A.L. Akintola of the High Court of Oyo State which, in our opinion, amounts to an act of judicial indiscretion and abuse of office.
“The said Judge went ahead to issue an Ex-Parte Injunction mandating the Peoples Democratic Party to proceed with its Convention earlier slated for 15th and 16th November 2025, despite the Federal High Court sitting in Abuja having delivered a judgment forbidding the holding of the said Convention in Suit Number FHC/ABJ/CS/2120/2025 Between Hon Austin Nwachukwu & 2 Others and INEC & 8 Others.
“The injunction issued by Justice Akintola amounts to sitting on appeal against the judgment of the Federal High Court sitting in Abuja in the above-mentioned suit. A copy of the Federal High Court judgment, with specific attention to pages 88–93 where the Court specifically ruled and ordered as per Reliefs Number 3–10 that the PDP is not entitled to convene or conduct its national convention scheduled for 15th and 16th November 2025, is hereby attached.
“For context, we were the plaintiffs in the said suit, which culminated in a judgment delivered in our favour on 31st October 2025. The judgment forbade and restrained the Peoples Democratic Party from proceeding with its planned National Convention due to the PDP’s failure to fulfil certain mandatory requirements, which were conditions precedent to the holding of the convention.
“Your Lordship, the choice of Ibadan, Oyo State, and in particular Justice A.L. Akintola’s court for the hearing of a fresh suit and the grant of an Ex-Parte Injunction against the Independent National Electoral Commission, INEC, the Peoples Democratic Party, and its National Officers whose headquarters are in Abuja raises serious suspicions and calls for deep scrutiny. It is noteworthy that Justice A.L. Akintola was also chosen to head the Local Government Elections Tribunal to hear petitions arising from the Local Government Elections conducted by Governor Makinde’s administration in Oyo State.
“Even a non-lawyer knows that a State High Court lacks the authority to function as an appellate court over a decision of the Federal High Court. Therefore, the Ex-Parte Order made by Justice Akintola, despite the conclusive determination of a similar suit at the Federal High Court, undermines and casts aspersions on the judicial reforms being championed by the Chief Justice of Nigeria. By issuing this Ex-Parte Order, Justice Akintola effectively appointed himself into an appellate role and sat on appeal over the Federal High Court’s judgment, varying it without proper authority.
“His Lordship cannot feign ignorance of the Federal High Court judgment on the same matter, as Justice Omotosho’s judgment was widely televised on national media outlets such as NTA, TVC, Arise News, Channels Television, and reported in national newspapers including Daily Trust and The Nation, as well as other online platforms.
“In light of the foregoing, we hereby appeal to Your Lordship to investigate the circumstances leading to the unwarranted grant of an Ex-Parte Order by Justice A.L. Akintola of the High Court of Oyo State and ensure that the learned judge faces disciplinary action if found wanting. This will help to sanitise the judicial space and discourage judges from compromising the ethos upon which judicial authority rests.”
An affidavit deposed to by one of the petitioners, Nnanna, stated: “I am the PDP Chairman of Abia State, by virtue of which I am well conversant with this case.
“I am one of the plaintiffs in Suit No. FHC/CS/2120/2025, in which Hon. Justice J.K. Omotosho delivered judgment on 31st October 2025 against INEC, PDP, and the National Executives of PDP, sued as 3rd to 9th defendants.
“I know from the certified true copy of the judgment that INEC and PDP were clearly directed not to proceed with the PDP National Convention slated for 15th and 16th November 2025 until certain conditions were met.
“I know as a fact that none of the defendants have appealed against the judgment delivered on 31st October 2025.
“To our dismay, as plaintiffs in the said judgment, Hon. A.L. Akintola of the High Court of Oyo State constituted himself as the Court of Appeal of Nigeria and set aside the judgment of the Federal High Court on 3rd November 2025.
“I hereby verify that the entire facts stated in our petition are a truthful account of the circumstances surrounding the Federal High Court judgment and the Ex-Parte Order delivered by Hon. Justice A.L. Akintola, which effectively set aside the order of the Federal High Court.”
