Justice Peter Lifu of the Federal High Court in Abuja on Friday, barred the National Executive Committee (NEC) and Board of Trustees (BoT) of the Peoples Democratic Party (PDP) from removing Umar Damagum as the Acting National Chairman of the party, stating that no person other than Damagum should be recognised as PDP national chairman until the party’s national convention scheduled for December 2025.
Lifu, who made the order after listening to the arguments of Umar El-Gash Maina, a former member of the Senate from Yobe State, held that in line with Articles 42, 47, and 67 of PDP, it was only at the national convention of the party that national officers could be elected.
The ruling, which is coming against the background of the reported suspension of Damagun alongside Samuel Anyanwu, the National Secretary, by a group in the PDP National Working Committee (NWC), has opened a fresh chapter in the crisis engulfing the former ruling party, since after its National Convention in 2022.
The emergence of Atiku Abubakar, former Vice President as the presidential candidate for the 2023 election in the convention, had split the party down the middle, as Nyesom Wike, then Governor of Rivers State, who came second, had insisted that Iyorchia Ayu, must step down as the National Chairman, owing to the fact that he also came from the North like Atiku.
He had gone ahead to team up with four other dissenting governors, including Ifeanyi Ugwuanyi of Enugu, Samuel Ortom of Benue, Seyi Makinde of Oyo and Okezie Ikpeazu to form the group of five, otherwise known as the G5 to fight the former VP which is believed to have led to his defeat at the February 25, 2023 presidential polls.
Damagun, believed to enjoy the support of Wike and his group, eventually took over from Ayu, after he was shown out of office following constitutional issues that was raised about his election, and has occupied the position ever since, though on acting capacity, a situation, now being challenged by some dissatisfied party members.
Lifu, who had held that PDP members were bound by the party’s constitution and must always act in line with it, took the decision after the Senator, who claimed to be chairman of PDP in Yobe State instituted the suit against PDP and eight others alleging that some of the party’s stakeholders had been holding clandestine meetings to forcefully remove Damagum from office in gross violation of the party’s constitution.
Maina, who said that a former Deputy Governor of Kogi State, Phillip Salawu, was being pushed forward as Damagun’s replacement, also regretted that the two letters of complaint he wrote to Anyanwu, about the clandestine meetings, were never acted upon.
Joshua Musa, a Senior Advocate of Nigeria (SAN), lawyer to Maina, had told the court to invoke articles 45, 47, and 67 of the PDP constitution to stop the move to replace Damagum as the Acting National Chairman and to declare that the national chairmanship of the PDP is rotated between the north and south regions and not through any other procedure not enshrined in the PDP’s Constitution.
Lifu, who agreed with the argument that Damagum could only be replaced at the national convention held that any attempt to truncate the four-year tenure of the northern region, which had not been completed, without the national convention will amount to an affront to the PDP constitution.
He dismissed the counter argument that Maina had no locus standi to bring the case and that the court lacked jurisdiction to hear it, stating that the Yobe PDP boss predicated his suit on the protection of the party’s Constitution from being violated and the northern region where he came from being short-changed.
He insisted that Maina, 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.
While declaring 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 a former national chairman Iyorcha Ayu hailed from is entitled to serve out the remaining tenure of the national chairman.