The Peoples Democratic Party (PDP) has alleged that its National Legal Adviser, Adeyemi Kamaldeen Ajibade, a Senior Advocate of Nigeria (SAN), is working alongside other persons to undermine the interest of the party in the suit against its planned national convention.
The party made the allegations in its counter-affidavit in opposition to Ajibade’s objection to the appearance of the counsel appointed by the Chairman and National Working Committee (NWC) of the PDP.
In a 20-paragraph affidavit deposed to in support of the counter, the party also argued that Ajibade “cannot appear in court to represent the PDP because in the instant case, he is a defendant in this matter, being the national officer of the party, and part of the 2nd defendant sued; and because he is an interested party, with his interest adverse to that of the PDP.
Two PDP state chairmen and the Secretary of the South-south geopolitical zone, Hon Austine Nwachukwu, Hon Amah Abraham Nanna, and Turnah George, respectively, had dragged the PDP to court over its planned convention slated for November 15 and 16, 2025.
Other defendants are the Independent National Electoral Commission (INEC), Senator Samuel Anyanwu, Hon. Umar Bature, National Working Committee (NWC) of the party, National Executive Committee (NEC), Umar Iliya Damagum (National Chairman, PDP), Chief Ali Odefa, and Chief Emmanuel Ogidi.
However, Ajibade has continued to battle with the party over the appointment of Chief Chris Uche (SAN) as counsel by the party to represent it in the suit.
Ajibade argued that he is the one who is saddled with the responsibility of representing or appointing a counsel for the party in the event of a court case.
But, the PDP in its counter filed on October 16, told the court that contrary to Ajibade’s claim, he does not have “exclusive right or independent power to appoint or instruct external solicitors for the party”.
Damagum, who deposed to the counter affidavit, noted that as Legal Adviser, Ajibade’s duty is to merely oversee legal matters of the party “under the instruction of the National Chairman and the NWC”, adding that even in cases where the National Legal Adviser will appoint or instruct external counsel, he cannot do so on his own but must bring the memorandum of request to the National Working Committee for approval, “as he did not too long ago as shown in the Minutes of the National Working Committee of July 24”.
While disclosing that the NWC has 18 members, out of which 15 are with the PDP and are supportive of the holding of the National Convention on November 15 and 16, 2025, at Ibadan, Oyo State, the deponent claimed that the remaining three “are supporting external forces seeking to destroy the party by blocking the holding of the scheduled National Convention.”
Damagum gave the names of those allegedly working with external forces as Senator Samuel Anyanwu, Hon Umar Bature, and Adeyemi Ajibade (SAN).
Besides, the PDP National Chairman submitted that “it will be unethical for Ajibade to represent PDP in court in this matter in which he has a conflict of interest, and unprofessional for him to appear for the PDP and other defendants in this matter wherein he is part of the defendants in the case.”
In substantiating the claim that Ajibade was working against the PDP, the deponent disclosed that the Legal Adviser, in his counter-affidavit filed without the notice or instruction of the PDP, “was full of admissions, designed to undermine and compromise our case, and the written address he filed did not contain even a line to urge the court to dismiss the suit or the motion of the plaintiffs”.
The PDP, in addition, stated that the Notice of Objection filed by Ajibade was brought in utter bad faith, notwithstanding the opportunity afforded to resolve the issue of representation by the court on the last adjourned date.
Among the issues raised for determination by the PDP in its written address is whether Ajibade, as National Legal Adviser to PDP, can prevent the PDP from exercising its constitutional right through the National Chairman and NWC to the engagement of counsel of its choice to defend it in the peculiar circumstances of this case.
While submitting that the right of a party to counsel of his choice is a fundamental principle within the Nigerian legal system, ensuring fair representation and due process, the PDP, submitted that Article 17(5) of the Rules of Professional Conduct for Legal Practitioners forbids a lawyer from appearing as counsel for a client in a legal proceeding in which the lawyer is himself a party.
Alex Enumah
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