Damagum can only be replaced through convention. says court

Justice Peter Lifu of the Federal High Court in Abuja announced on Friday that Umar Damagum remains the National Chairman of the Peoples Democratic Party (PDP). This ruling came during the judgment of a case labeled FHC/ABJ/CS/579/2024, filed by Senator Umar Maina against the PDP’s National Executive Committee and Board of Trustees.

Maina, who asserts that he is the PDP chairman in Yobe State, initiated the lawsuit against the party and eight other respondents. He claimed that certain party members were holding clandestine meetings aimed at forcibly removing Damagum from his position, which he argued violates the party’s Constitution. Maina alleged that Phillip Salawu, a former Deputy Governor of Kogi State, was being considered as Damagum’s successor.

Upon discovering this plan, Maina stated that he submitted two letters of complaint regarding the secret meetings to the party’s national secretary, Senator Samuel Anyanwu. Despite receiving acknowledgment of these letters, he claimed that neither the National Secretary nor the Board of Trustees took action on the complaints.

Represented by his lawyer, Joshua Musa (SAN), Maina requested that the court invoke articles 45, 47, and 67 of the PDP Constitution to prevent efforts to replace Damagum. He specifically sought a declaration that the chairmanship of the PDP is to be rotated between the northern and southern regions, as outlined in the party’s Constitution.

After reviewing the PDP Constitution and presented evidence, Justice Lifu concurred with Maina’s assertion that Damagum can only be replaced at a national convention or via a court order. The judge ruled that Damagum should continue to be recognized as the PDP national chairman until the party’s national convention scheduled for December of next year. Furthermore, the court prohibited the PDP’s NEC and Board of Trustees from removing Damagum from his position.

Justice Lifu stated that according to Articles 42, 47, and 67 of the PDP Constitution, party officials can only be elected during the National Convention. He emphasized that all PDP members are required to adhere to the party’s Constitution and its regulations.

The judge also indicated that any attempt to end the remaining four-year tenure of the northern region without a national convention would violate the PDP Constitution. He dismissed the defendants’ claims that Maina lacked standing to file the lawsuit and that the court lacked jurisdiction.

Justice Lifu clarified that Maina’s suit aimed to protect the PDP Constitution from violations and to ensure that the northern region was not deprived of its rightful tenure. He noted that Damagum, having been appointed from the same northern region as the former national chairman, Senator Iyorcha Ayu, is entitled to complete the remainder of his term.

Finally, the judge affirmed that Maina, having presented his PDP membership card and raised significant constitutional issues, had sufficient interest to bring the case forward. He concluded that the PDP’s NEC and Board of Trustees are bound by the party’s Constitution, and Damagum can only be replaced through the party’s national convention.