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Enioluwa Adeniyi
Guest
The Federal High Court in Abuja has issued a restraining order against the National Executive Committee (NEC) and Board of Trustees (BoT) of the Peoples Democratic Party (PDP), prohibiting them from removing Umar Damagum as the Acting National Chairman of the party.
The court’s decision was made on Friday, ensuring that Damagum remains the only recognized national chairman until the party’s national convention scheduled for December next year.
Justice Peter Lifu delivered the judgment in response to a suit filed by Senator Umar El-Gash Maina, asserting that any changes to the party’s leadership structure must adhere to the provisions outlined in the PDP Constitution.
In his ruling, Justice Lifu emphasized that according to Articles 42, 47, and 67 of the PDP Constitution, national officers can only be elected during the National Convention.
The case, marked FHC/ABJ/CS/579/2024, highlighted concerns raised by the plaintiff, who claimed that certain stakeholders within the PDP were clandestinely plotting to oust Damagum from his position.
Maina, who identifies himself as the Chairman of the PDP in Yobe State, alleged that there were efforts to install Dr. Phillip Omeiza Salawu, a former Deputy Governor of Kogi State, as Damagum’s replacement.
In his submission, Maina noted that he had previously sent two letters to the national secretary of the party, Senator Samuel Anyanwu, detailing his concerns about these covert meetings.
Despite receiving acknowledgment of the letters, he stated that neither the National Secretary nor BoT members took action on the issues raised.
The court found merit in Maina’s arguments, ruling that the chairmanship of the PDP should rotate between the northern and southern regions, strictly following the constitutional procedures established by the party.
Justice Lifu affirmed that any attempt to remove Damagum without the convening of a national convention or a court order would violate the party’s Constitution.
In his concluding remarks, Justice Lifu cautioned that any efforts to disrupt the remaining tenure of the northern leadership would be viewed as a significant breach of the PDP Constitution.
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, from being 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 of PDP’s Constitution, had sufficient interest and justiciable cause to institute the case.
The judge, therefore, declared that the party’s Constitution binds PDP NEC and BoT and that Damagum as national chairman can only be replaced through the party’s national convention.
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.
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