- Held that national officers can only be elected at the national convention
Justice Peter Lifu of the Federal High Court in Abuja has issued a restraining order preventing the National Executive Committee (NEC) and Board of Trustees (BoT) of the People’s Democratic Party (PDP) from removing Umar Damagum from his role as Acting National Chairman.
The court ruled that until the PDP’s national convention, scheduled for December next year, Damagum is the only individual recognized as the party’s national chairman.
This order was delivered in response to a suit filed by Senator Umar El-Gash Maina against the PDP NEC, BoT, and others. Justice Lifu referenced Articles 42, 47, and 67 of the PDP Constitution, stating that national officers can only be elected at the national convention.
The judge emphasized that PDP members are required to adhere to the party’s constitution and act in accordance with its provisions.
Maina, who claims to be the PDP chairman in Yobe State, alleged that certain party stakeholders have been secretly convening to orchestrate Damagum’s removal in blatant violation of party rules. He further claimed that Phillip Salawu, a former deputy governor of Kogi State, was being considered as a replacement.
Upon discovering the alleged plan, Maina sent two letters of complaint to the party’s national secretary, Samuel Anyanwu. Despite acknowledging receipt of the letters, the national secretary and BoT members failed to address the issues raised.
Represented by Senior Advocate of Nigeria Joshua Musa, Maina sought the court’s intervention to enforce Articles 45, 47, and 67 of the PDP Constitution, arguing against the move to replace Damagum.
He specifically requested a court declaration that the national chairmanship of the PDP is to be rotated between the northern and southern regions, rather than through any procedures not outlined in the party’s Constitution.
In his judgment, Justice Lifu reviewed the PDP Constitution and related exhibits, concluding that Damagum can only be replaced during the national convention or via a court order. He stated that any effort to disrupt the unexhausted four-year tenure of the northern region without a national convention would violate the PDP Constitution.
The judge dismissed objections from the defendants, who claimed Maina lacked the standing to file the suit and argued that the court did not have jurisdiction. Justice Lifu countered that Maina’s case was based on protecting the PDP Constitution and ensuring that the northern region was not deprived of its four-year tenure.
He noted that Maina had presented his PDP membership card in court and raised significant constitutional issues, affirming his right to initiate the suit.
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