Editor
By Fatima Saka
The Federal High Court in Abuja, on Friday, prohibited the National Executive Committee (NEC) and Board of Trustees (BoT) of the People’s Democratic Party (PDP) from ousting Ambassador Umar Ilya Damagum as the Acting National Chairman of the party.
The court mandated that no individual other than Damagum shall hold the position of PDP national chairman until the national convention of the party set for December next year.
Justice Peter Lifu issued the injunction against PDP NEC, BoT, and others during the verdict in a lawsuit brought against them by Senator Umar El-Gash Maina.
The judge ruled that pursuant to Articles 42, 47, and 67 of PDP, the election of national officers can solely take place at the National Convention of the party.
In the case labeled: FHC/ABJ/ CS/579/2024, Justice Lifu stated that PDP members are obligated to abide by the party’s Constitution and must consistently act in accordance with the provisions and compliance with the party’s regulations.
The plaintiff, asserting to be the chairman of PDP in Yobe state, filed the lawsuit against PDP and eight others, alleging that certain party stakeholders have been conducting secret meetings to forcibly remove Damagum from his position in flagrant violation of the party’s Constitution.
He mentioned that a former Deputy Governor of Kogi State, Dr. Phillip Omeiza Salawu, was being put forward as a replacement for Damagun by the stakeholders.
Maina stated that upon learning of the scheme, two separate letters expressing concerns about the secret meetings were delivered to the national secretary of the party, Senator Samuel Anyanwu, and despite the acknowledgment of the letters, the National Secretary and BoT members have not taken any action on the complaints.
In the lawsuit filed on his behalf by Joshua Musa, SAN, the plaintiff prayed for the court to invoke articles 45, 47, and 67 of PDP Constitution to halt the attempt to replace Damagum as the Acting National Chairman.
The plaintiff specifically requested the court to affirm that the national chairmanship of PDP rotates between the northern and southern regions and not through any other procedure not stipulated in the PDP’s Constitution.
In his ruling after examining the PDP’s Constitution and exhibits, Justice Lifu concurred with the plaintiff that Damagum can only be replaced at the national convention of PDP or through a court order.
Justice Lifu also stated that any effort to cut short the unexpired four-year tenure of the northern region without the national convention of the party would constitute a violation of the PDP’s Constitution.
Earlier, the judge dismissed the defendants’ opposition to the lawsuit on the basis that the plaintiff lacked the standing to bring forth the case and that the court lacked jurisdiction.
Justice Lifu determined that the plaintiff based his lawsuit on safeguarding the PDP Constitution from being violated and ensuring that the northern region, his place of origin, is not deprived of the four-year tenure.
He mentioned that the plaintiff, by presenting his PDP membership card in court and raising the fundamental issue of protecting the PDP’s Constitution, had adequate interest and legitimate cause to file the case.
The judge consequently decreed that PDP NEC and BoT are bound by the party’s Constitution and that Damagum, as the national chairman, can only be replaced through the national convention of the party.
He also affirmed that Damagum, appointed from the northern region where the former national chairman Senator Iyorcha Ayu hailed from, is entitled to complete the remaining tenure of the national chairman.
