Mohammed Shosanya
Justice Peter Lifu of the Federal High Court sitting in Abuja, has restrained the National Executive Committee (NEC) and Board of Trustees (BoT) of the Peoples Democratic Party (PDP) from removing Ambassador Umar Ilya Damagum as the Acting National Chairman of the party.
The court on Friday, ordered that no other person must be recognized as PDP national chairman other than Damagum until the national convention of the party scheduled for December next year.
The plaintiff,who claimed to be Chairman of PDP in Yobe State had filed the legal action against the PDP and eight others, claiming that some stakeholders of the party have been holding secret meetings to forcefully remove Damagum from office in gross violation of the party’s Constitution.
Justice Lifu made the order against the PDP hierarchy while delivering judgment in a suit filed against them by Senator Umar El-Gash Maina.
In the suit marked: FHC/ABJ/ CS/579/2024, the court held that PDP members are bound by the Constitution of the party and as such must always act in line with the provisions and obedience to the party’s law.
Besides,Justice Lifu reasoned that in line with Articles 42, 47 and 67 of PDP, it is only at the National Convention of the party that national officers can be elected.
He stated that after going through the PDP’s Constitution and exhibits, he agreed with the plaintiff that Damagum can only be replaced at the national convention of PDP or through an order of a court.
The court held that any attempt to truncate an un-exhausted four-year tenure of the northern region without the national convention of the party will amount to an affront to the Constitution of the PDP.
The Judge had earlier in his judgment, dismissed the objection of the defendants to the suit on the grounds that the plaintiff had no locus standi to bring out the case and that the court lacked jurisdiction.
Justice Lifu said that the plaintiff based his suit on the protection of PDP Constitution from being breached and the northern region where he hails from, being short changed from the four year tenure.
The court stated that the plaintiff having displayed his PDP membership card before the court and having raised the fundamental issue of protecting PDP’s Constitution, had sufficient interest and justiciable cause to institute the case.
According to the court, Damagum having been appointed from the northern region where the former national chairman Senator Iyorcha Ayu hails from is entitled to serve out the remaining tenure of the national chairman.
In an affidavit filed before the court, the plaintiff averred that a former Deputy Governor of Kogi State, Dr Phillip Omeiza Salawu was being pushed forward as replacement for Damagun by the stakeholders.
Maina claimed that upon becoming aware of the plan, two separate letters complaining against the clandestine meetings were delivered to the national secretary of the party, Senator Samuel Anyanwu and that despite the acknowledgment of the two letters, the National Secretary and BoT members have never deemed it fit to act on the letters and their claims.
In the suit instituted on his behalf by Joshua Musa, SAN, the plaintiff therefore prayed the court to invoke article 45, 47 and 67 of PDP Constitution to stop the move to replace Damagum as the Acting National Chairman.
The plaintiff specifically asked the court to declare that the national chairmanship of PDP is rotated between the north and south region and not through any other procedure not enshrined in the PDP’s constitution.
