Court Stops PDP From Sacking Damagum—What’s Next For the Party

Justice Peter Lifu delivered the ruling while adjudicating a lawsuit filed against the NEC, BoT, and others by Senator Umar El-Gash Maina. He stated 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 marked FHC/ABJ/CS/579/2024, Justice Lifu emphasized that all PDP members must adhere to the party’s Constitution and operate within its legal framework.

The plaintiff, Maina, who identifies as the PDP Chairman in Yobe State, claimed that certain party stakeholders were holding secret meetings to forcefully remove Damagum in violation of the party’s Constitution. He alleged that Dr. Phillip Omeiza Salawu, a former Deputy Governor of Kogi State, was being positioned as Damagum’s replacement.

Upon discovering the alleged plan, Maina sent two letters to the party’s national secretary, Senator Samuel Anyanwu, expressing his concerns about the secret meetings. He asserted that, despite receiving acknowledgment of these letters, the National Secretary and BoT members failed to act on the issues raised.

Maina, represented by his attorney Joshua Musa, SAN, requested that the court invoke Articles 45, 47, and 67 of the PDP Constitution to halt any attempts to replace Damagum as the Acting National Chairman. He further sought a declaration that the national chairmanship of the PDP is to be rotated between the northern and southern regions, as outlined in the party’s Constitution.

In his judgment, after reviewing the PDP Constitution and supporting documents, Justice Lifu concurred with the plaintiff that Damagum could only be replaced at the national convention or through a court order. He also stated that any effort to prematurely end the four-year tenure allotted to the northern region without a national convention would violate the PDP Constitution.

Earlier in the proceedings, the judge dismissed objections from the defendants regarding the plaintiff’s standing and the court’s jurisdiction. Justice Lifu affirmed that Maina’s lawsuit was aimed at protecting the PDP Constitution and ensuring the northern region was not deprived of its four-year tenure.

The judge ruled that, having presented his PDP membership card and raised significant constitutional issues, the plaintiff had sufficient interest to file the case. Consequently, he declared that the PDP NEC and BoT must comply with the party’s Constitution, affirming that Damagum can only be replaced through a national convention. He concluded that Damagum, appointed from the same northern region as the previous national chairman, Senator Iyorcha Ayu, is entitled to complete the remaining tenure of the position.