BY VICTOR BUORO, ABUJA – The leadership crisis in the Peoples Democratic Party (PDP) has taken a different dimension following what 11 out of the 17 members of the National Working Committee (NWC) described as the deliberate usurpation and manoeuvring of the party into the abyss by the Acting National Chairman, Amb. Umar Damagum and National Secretary, Senator Samuel Anyanwu.
Accordingly, the 11 National Officers that include the Deputy National Chairman (South) Amb. Taofeek Arapaja, National Legal Adviser, Kamaldeen Ajibade, SAN, National Treasurer, Alhaji Yayari Ahmed, National Publicity Secretary, Hon. Debo Ologunagba and others have kicked against the choice of legal representation in a pending appeal before the Supreme Court.
The 11 officers specifically questioned the powers of the National Chairman to nominate a legal representation which is the sole responsibility of the National Legal Adviser, saying, that for the avoidance of doubt, the responsibility of appointing external solicitors to handle cases on behalf of the Party is that of the National Legal Adviser pursuant to Article 42 of the Party’s Constitution and not that of any other NWC member.
The PDP acting National Chairman, Amb Damagum had in a letter dated December 20, 2024 appointed the chambers of Dr. J Y Musa SAN and Co., a man believed to be an ally of the Minister of the Federal Capital Territory, Nyesom Wike, as legal representative of the party in an appeal No: CA/E/23/2024: Senator Samuel N. Anyanwu Vs. Aniagwu Emmanuel and 3 Ords before the Supreme Court.
Damagum in the letter claimed that he was writing on behalf of the party’s NWC and the National Executive Committee (NEC) instructing the chambers to represent the party in the aforementioned case and therefore instructed the chamber to represent and defend the PDP in the appeal under reference at the Supreme Court.
The letter read in part; “Wherefore you need further information I request that you contact me personally.”
However, members of the NWC in a letter signed by the party’s Deputy National Chairman (South) Amb. Taofeek Arapaja, National Legal Adviser, Kamaldeen Ajibade SAN, National Treasurer, Alhaji Yayari Ahmed, National Publicity Secretary, Hon. Debo Ologunagba and others, wrote a counter letter addressed to the President of the Court of Appeal which was stamped received on January 23, 2025, urging the court to disregard Damagum’s request.
The 11 NWC members stated the letter of instruction to represent the PDP by Umar Damagum and Others at the Supreme Court in Appeal Number CA/E/23/2024 – Sen Samuel Anyanwu VS Aniagu Emmanuel AND 3 Others was illegal and did not have the approval of the National leadership.
The 11 NWC members said; “Our attention has been drawn to a letter of instruction signed by the Acting National Chairman of the Peoples Democratic Party (PDP) purportedly on behalf of the Party, the National Working Committee (NWC) and the National Executive Committee (NEC), appointing Dr. J.Y. Musa (SAN) to represent the Party and all others.
“We respectfully urge the Supreme Court and everyone concern(ed) to disregard the said letter. The National Working Committee (NWC) did not authorize the Acting National Chairman to issue the letter under reference for the Party, the National Working Committee or the National Executive Committee.
“For the avoidance of doubt, the responsibility of appointing external solicitors to handle cases on behalf of the Party is that of the National Legal Adviser pursuant to Article 42 of the Party’s Constitution and not that of any other NWC member.
“The Party had reiterated this position in a public notice issued sometime in 2022 copy of which is hereby attached. We therefore urge the Supreme Court to disregard the representation of Dr. J. Y. Musa or any other person appointed by the Acting National Chairman on behalf of the Party in any appeal or application emanating from the appeal under reference,” they averred.
Forefront News gathered the fresh crisis is predicated on the contentious issue over the right occupant of the office of National Secretary.
This followed the judgement of an Appeal Court sitting in Enugu on December 20, 2024, which upheld an earlier decision of a High Court that removed Senator Anyanwu as the National Secretary of the PDP and in his place affirmed Sunday Ude-Okoye as the right and proper person for the position of the National Secretary.
However, not satisfied with the decision of the Appeal Court, Anyanwu, who contested for the Governorship ticket of the Party for Imo State, filed for a Stay of Execution and Appeal, for which the acting National Chairman of the Party, Amb Damagum, who is an ally of Senator Anyanwu, nominated Dr. Musa, SAN, as the PDP’s legal counsel without reference to the National Legal Adviser of the Party.
Ajibade and his NWC colleagues argued that the PDP National Legal Adviser enjoys the exclusive constitutional right on all legal matters, stressing that such decisions cannot be taken without his knowledge and consent.
They specifically said that section 42 of the PDP Constitution states that the National Legal Adviser shall “advise the Party on all legal matters.”
They also argued that the Provision of 42 (c) and (d) states that the National Legal Adviser shall, “conduct all litigation and prosecute and defend actions on behalf of the Party, including its organs and officials in so far as the subject of the litigation affects the interest of the Party; and, (c) Interpret the laws, regulations and Constitution of the Party in the event of any ambiguities.
The fresh crisis has again called to question the possibility of the National Executive Committee (NEC) meeting of the PDP scheduled to hold in the first week of February taking place.
