A court has issued an injunction preventing the PDP National Executive Committee and Board of Trustees from sacking Damagum as Acting National Chairman, amid ongoing party leadership disputes.
On Friday, the Federal High Court in Abuja issued an order preventing the National Executive Committee (NEC) and Board of Trustees (BoT) of the Peoples Democratic Party (PDP) from dismissing Amb. Ilya Damagum as Acting National Chairman of the party.
The court decreed that, until the party’s national convention scheduled for December of next year, Damagum shall be the only person recognized as the PDP national chairman.
Justice Peter Lifu granted the restraining order against the PDP NEC, BoT, and others during a judgment on a lawsuit filed by Senator Umar El-Gash Maina.
The judge ruled that in accordance with Articles 42, 47, and 67 of the PDP constitution, national officers can only be elected at the party’s National Convention.
In the case identified as FHC/ABJ/CS/579/2024, Justice Lifu stated that members of the PDP must adhere to their party’s Constitution and consistently act in accordance with its rules and regulations.
The plaintiff, asserting his position as the Chairman of PDP in Yobe State, filed a lawsuit against PDP and eight additional parties. He alleged that certain party stakeholders were conducting secret meetings with the intention of unlawfully ousting Damagum from office, thereby violating the party’s Constitution.
He mentioned that stakeholders were promoting Dr. Phillip Omeiza Salawu, a former Deputy Governor of Kogi State, as the replacement for Damagun.
Maina stated that after learning about the plan, two distinct letters were sent to Senator Samuel Anyanwu, the national secretary of the party. These letters raised concerns about secret meetings. Despite receiving and acknowledging these letters, neither the National Secretary nor BoT members have taken any action regarding their claims or complaints.
In the lawsuit filed on his behalf by Joshua Musa, Senior Advocate of Nigeria (SAN), the plaintiff requested that the court enforce articles 45, 47, and 67 of the PDP Constitution to prevent Damagum from being replaced as Acting National Chairman.
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The plaintiff requested the court to affirm that the national chairmanship of the PDP should be rotated between the north and south, as stipulated in their Constitution, rather than through any alternative procedure.
After reviewing the PDP’s Constitution and provided exhibits, Justice Lifu concurred with the plaintiff that Damagum can only be replaced during the party’s national convention or via a court order.
Justice Lifu also asserted that any effort to cut short the northern region’s uncompleted four-year term without holding a national party convention would be considered a violation of the PDP Constitution.
Previously, the judge had rejected the defendants’ objections to the lawsuit, stating that the plaintiff did not have standing to file the case and that the court lacked jurisdiction.
Justice Lifu ruled that the plaintiff based his lawsuit on safeguarding the PDP Constitution from violations and ensuring that the northern region, where he originates, would not be deprived of its fair share during the four-year tenure.
Justice Lifu stated that the plaintiff, by presenting his PDP membership card in court and highlighting a fundamental concern regarding the protection of the PDP’s Constitution, demonstrated sufficient interest and had justifiable grounds to file the case.
The judge accordingly stated that both the PDP NEC and BoT are obligated to adhere to the party’s Constitution, indicating that Damagum can only be replaced as national chairman through a national convention of the party.
He also maintained that since Damagum was appointed from the northern region, the same area as former national chairman Senator Iyorcha Ayu, he is entitled to complete the remainder of the national chairman’s term.
