On Friday, the Federal High Court in Abuja issued a restraining order against the National Executive Committee (NEC) and Board of Trustees (BoT) of the People’s Democratic Party (PDP), preventing them from removing Ambassador Umar Ilya Damagum from his position as Acting National Chairman.
The court mandated that only Damagum be acknowledged as the PDP national chairman until the party’s national convention, which is set for December of next year.
Justice Peter Lifu delivered this ruling in response to a lawsuit brought by Senator Umar El-Gash Maina against the PDP NEC, BoT, and other parties involved. The judge affirmed that, according to Articles 42, 47, and 67 of the PDP Constitution, national officers can only be elected during the National Convention.
In the case referenced as FHC/ABJ/CS/579/2024, Justice Lifu stated that all PDP members must adhere to the party’s Constitution and act in accordance with its provisions.
The plaintiff, who claims to be the chairman of the PDP in Yobe State, alleged that certain party stakeholders were conducting secret meetings aimed at forcibly ousting Damagum, in clear violation of the party’s Constitution. He indicated that Dr. Phillip Omeiza Salawu, a former Deputy Governor of Kogi State, was being positioned as Damagum’s successor by these stakeholders.
Maina reported that upon discovering this plan, he sent two letters expressing his concerns regarding the clandestine meetings to the national secretary of the party, Senator Samuel Anyanwu. Despite receiving acknowledgment of these letters, he claimed that the National Secretary and BoT members failed to take any action.
Represented by Joshua Musa, SAN, the plaintiff requested the court to enforce Articles 45, 47, and 67 of the PDP Constitution to prevent the attempt to replace Damagum as Acting National Chairman. He specifically asked the court to affirm that the national chairmanship rotates between the northern and southern regions, as stipulated in the PDP Constitution.
After reviewing the PDP Constitution and related evidence, Justice Lifu concurred with the plaintiff that Damagum could only be replaced through the national convention or a court order. The judge further asserted that any effort to terminate the remaining four-year tenure allotted to the northern region without a national convention would be a violation of the PDP Constitution.
The judge dismissed the defendants’ arguments against the lawsuit, which claimed that the plaintiff lacked the standing to bring the case and that the court had no jurisdiction. Justice Lifu emphasized that the plaintiff’s suit was grounded in the protection of the PDP Constitution and the integrity of the northern region’s tenure.
Having presented his PDP membership card in court and raised significant constitutional issues, the plaintiff was deemed to have a sufficient interest to pursue the case.
Consequently, Justice Lifu declared that the PDP NEC and BoT must adhere to the party’s Constitution and that Damagum’s position as national chairman can only be changed during the national convention. The judge also ruled that Damagum, having been appointed from the same northern region as former national chairman Senator Iyorcha Ayu, is entitled to complete the remainder of the chairmanship term.
