The Federal High Court in Abuja, on Friday restrained the National Executive Committee (NEC) and Board of Trustees (BoT) of the People’s Democratic Party (PDP) from removing Ambassador Umar Ilya Damagum as the Acting National Chairman of the party.
The court ordered that no other person must be recognised as PDP national chairman other than Damagum until the national convention of the party scheduled for December next year.
Justice Peter Lifu issued the restraining order against PDP NEC, BoT and others while delivering judgment in a suit instituted against them by Senator Umar El-Gash Maina.
The judge held 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 .
In the suit marked: FHC/ABJ/ CS/579/2024, Justice Lifu said 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
The plaintiff, who claimed to be chairman of PDP in Yobe state had instituted the suit against PDP and eight others alleging that some stakeholders of the party have been holding clandestine meetings to forcefully remove Damagum from office in gross violation of the party’s Constitution.
He said 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.
In his judgment after perusing the PDP’s Constitution and exhibits, Justice Lifu agreed with the plaintiff that Damagum can only be replaced at the national convention of PDP or through an order of a court.
Justice Lifu also held that any attempt to truncate un-exhausted four years tenure of the northern region without the national convention of the party will amount to an affront to the Constitution of the PDP.
Earlier, the judge had dismissed the opposition 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 held that the plaintiff predicated his suit on the protection of PDP Constitution from been violated and the northern region where he hailed from from been short changed from the four year tenure.
Justice Lifu said that the plaintiff having displayed his PDP membership card before the court and having raised the fundamental issue of protection PDP’s Constitution had sufficient interest and justiciable cause to institute the case.
The judge therefore declared that PDP NEC and BoT are bound by the party’s Constitution and that Damagum as national chairman can only be replaced through the national convention of the party.
He also held that Damagum having been appointed from the northern region where the former national chairman Senator Iyorcha Ayu hailed from is entitled to serve out the remaining tenure of the national chairman.
Recall that following the suspension of Ambassador Illiya Damagum as Acting National Chairman, in a roiling controversy that began on Friday, the National Publicity Secretary, Hon. Debo Ologunagba, announced that the National Working Committee (NWC) had approved the appointment of Alhaji Yayari Ahmed Mohammed as the Acting National Chairman.
“The appointment which takes immediate effect is pursuant to the provisions of the Constitution of the PDP (as amended in 2017)
“The NWC calls on all Organs, leaders, critical stakeholder and members of our great Party to remain focused at this critical time especially as the NWC commences arrangements towards the holding of the Party’s National Executive Committee (NEC) meeting already scheduled for Thursday, 24th October, 2024.”
Ologunagba was immediately suspended after he issued the statement.
According to another statement, Ibrahim Abdullahi Manga, claiming to be the Acting National Publicity Secretary of the troubled party announced that the NWC headed by Damagum rose from its 593rd meeting on Thursday suspending the National Publicity Secretary and the National Legal Adviser of the Party, pending the determination of allegations of disloyalty and insubordination levelled against them.
“In the meantime, the deputies in the respective directorates, Ibrahim Abdullahi and Barr Okechukwu Osuoha, have stepped-in in acting capacity,” he added.
Earlier in the day, Ologunagba had issued an earth-shaking statement sacking Damagum and National Secretary, Senator Samuel Anyanwu
Titled, “Press Release on the Decision of the National Working Committee (NWC) of the PDP on the Reported Anti-Party Activity by the Acting National Chairman, Amb. Illiya Damagum and National Secretary, Sen. Samuel Anyanwu,” it read:
“The National Working Committee (NWC) of the PDP has extensively considered the series of complaints raised against the Acting National Chairman, Amb. Illiya Damagum and National Secretary, Sen. Samuel Anyanwu particularly with regard to the letter addressed by them to the Court of Appeal in Appeal No:CA/PH/307/2024 against the Party’s position in the case involving the 27 former members of the Rivers State House of Assembly who vacated their seats upon decamping from the PDP to the All Progressives Congress (APC).
“The NWC condemned this anti-party activity of the Acting National Chairman and the National Secretary which is in gross violation of the provisions of the PDP Constitution (as amended in 2017) and their Oath of Office.
“Consequently, the NWC, pursuant to Sections 57, 58 and 59 of the PDP Constitution, has suspended Amb. Illiya Damagum and Sen. Samuel Anyanwu as Acting National Chairman and National Secretary of the Party respectively and referred them to the National Disciplinary Committee for further action.
“In the meantime, the two officials are suspended from all meetings, activities and programs of the NWC pending the conclusion of investigation by the National Disciplinary Committee.“
