Court bars PDP NEC, BoT From Sacking Damagun As Acting National Chair
Federal High Court Justice Peter Lifu in Abuja has issued a restraining order against the PDP’s National Executive Committee and Board of Trustees from ousting Umar Damagum from his position as Acting National Chairman.
Until the PDP’s national convention in December of next year, the court has ordered Damagum to serve as the only recognised national chairman.
A restraining order was obtained against the PDP NEC, BoT, and others by Justice Lifu following a case filed by Senator Umar El-Gash Maina.
The PDP states that the sole authority to choose national officers is the party’s national conference (Articles 42, 47, and 67).
In the lawsuit, Justice Lifu emphasised that PDP members should constantly follow the party’s constitution and statutes.
The plaintiff, who falsely claimed to be the PDP chairman in Yobe State, had sued the party and eight other individuals, claiming that party insiders had been planning to depose Damagum in secret, which would be a severe breach of the party’s constitution.
He said that Phillip Salawu, who had previously served as deputy governor of Kogi State, was the preferred candidate among the stakeholders to succeed Damagun.
Following her discovery of the plot, Maina informed Samuel Anyanwu, the party’s national secretary, of her displeasure with the covert gatherings in two separate letters. She asserted that the national secretary and members of the BoT never considered it suitable to respond to the letters or their accusations, even though they acknowledged receiving them.
On his behalf, Senior Advocate Joshua Musa of Nigeria filed a lawsuit in which the plaintiff asked the court to uphold the PDP Constitution by invoking sections 45, 47, and 67, thereby halting the plan to oust Damagum as the acting national chairman.
The plaintiff moved the court to declare that the PDP’s national chairperson is rotated between the north and south regions in accordance with the PDP’s Constitution, and not by any other means.
After reviewing the PDP’s constitution and documents, Justice Lifu reached a verdict that supported the plaintiff’s position: Damagum can only be removed at the PDP’s national convention or by a court order.
Additionally, Justice Lifu ruled that the PDP Constitution would be violated if the northern region’s unexhausted four-year term were to be terminated without the party’s national convention.
The court first determined that the plaintiff did not have locus standi and that the court did not have jurisdiction before rejecting the defendants’ opposition to the claim.
According to Justice Lifu, the plaintiff filed the complaint because he wanted to make sure that his home region of the north did not suffer during the four years in office and because he wanted to stop people from violating the PDP Constitution.
After the plaintiff presented his PDP membership card and brought up the important matter of safeguarding the PDP’s constitution, Justice Lifu ruled that there was enough interest and justiciable cause to initiate the action.