The Federal High Court in Abuja, on Friday restrained the National Executive Committee (NEC) and Board of Trustees (BoT) of the Peoples Democratic Party (PDP) from removing Amb. Ilya Damagum as the Acting National Chairman of the party.
The court 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.
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 the 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 articles 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 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 the party or through an order of a court.
Justice Lifu also held that any attempt to truncate the 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 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 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.
