Court bars PDP NEC, BoT from sacking National Chairman, Damagun

A Federal High Court sitting in Abuja, has barred all organs of the Peoples Democratic Party (PDP) from suspending the Acting National Chairman of the party, Iliya Umar Damagum.

 

The ruling, delivered by Justice Peter Lifu on Friday, specifically restrained the National Executive Committee (NEC) and Board of Trustees (BoT) of the party from removing Umar Damagum as the Acting National Chairman of the party.

 

Earlier in the day, a faction in the PDP suspended the acting national chairman Damagum and the national secretary, Samuel Anyanwu.

 

In a statement announcing their ouster, National Publicity Secretary, Ologunagba, accused the Acting National Chairman and the National Secretary of anti-party activities 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”.

 

“Following the suspension of His Excellency, Amb. Illiya Damagum as the Acting National Chairman of our great Party, the Peoples Democratic Party (PDP), the National Working Committee (NWC) has 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″.

 

In his ruling however, Justice Lifu issued the restraining order against the 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, 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, Phillip Salawu, was being pushed forward as a 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, 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 who is a Senior Advocate of Nigeria, the plaintiff therefore prayed the court to invoke articles 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 the PDP is rotated between the north and south regions 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 the un-exhausted four-year tenure of the northern region without the national convention of the party would 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 the PDP Constitution from being violated and the northern region where he hailed from being shortchanged 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 of PDP’s Constitution had sufficient interest and justiciable cause to institute the case.