Court Bars PDP Organs From Removing Damagum As Acting Chairman
A Federal High Court sitting in Abuja, on Friday, October 11, 2024 restrained the National Executive Committee (NEC), and Board of Trustees (BoT), of the Peoples Democratic Party (PDP), from removing Ambassador Umar Damagum as the Acting National Chairman of the party.
The court presided over by Justice Peter Lifu, also 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 holds.
The Court granted a restraining order against the PDP NEC, BoT and others while delivering judgment in a suit instituted against them by Senator Umar El-Gash Maina.
Justice Peter Lifu 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.
The trial judge also held that members of the PDP are bound by the Constitution of the party and as such must always act in accordance with the provisions and obedience to the party’s law.
The plaintiff, who claimed to be chairman of PDP, Yobe state chapter had instituted the suit against the PDP and eight others in which he alleged 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.
Maina particularly said that a former Deputy Governor of Kogi State, Dr Phillip Omeiza Salawu was being tipped as replacement for Damagun by the stakeholders, adding that upon becoming aware of the plan, two separate letters complaining against the clandestine meetings were delivered to the National Secretary of the PDP, Senator Samuel Anyanwu. He said that in spite of the acknowledgment of the two letters, the National Secretary and BoT members did not deem it fit to act on the letters and their claims.
In the suit instituted on his behalf by Joshua Musa, SAN, the plaintiff prayed the court to invoke article 45, 47 and 67 of the 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.
Delivering judgment after perusing through the PDP’s Constitution and exhibits, Justice Lifu held 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 year tenure of the northern region without the national convention of the party will amount to an affront to the Constitution of the PDP.
Earlier, Justice Lifu dismissed the opposition of the defendants to the suit on the grounds that the plaintiff had no locus standi to institute the case and that the court lacked jurisdiction.
The judge also held that the plaintiff predicated his suit on the protection of PDP Constitution from been violated and the northern region where he hailed, 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 Court 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 and also held that Damagum having been appointed from the northern region where the former national chairman, Senator Iyorcha Ayu hailed, is entitled to serve out the remaining tenure of the national chairman.
