Court to hear Atiku’s ex-aide’s suit against PDP chairman, others February 8

AFederal High Court in Abuja has scheduled a hearing for February 8 on a suit brought against the national chairman of the Peoples Democratic Party (PDP), Umar Damagum and other national leaders of the party.
The suit, marked: FHC/ABJ/CS/70/2024 was filed by a chieftain of the party and one-time spokesman of the candidate of the PDP in the last presidential election, Atiku Abubakar, Segun Sowunmi.

Sowunmi, a former governorship candidate of the PDP in Ogun state, wants the court to among others restrain Damagum and other national leaders of the PDP from further acting in their official capacities given their alleged failure to convene the mandatory National Executive Committee (NEC) meeting for over a year now.

He stated that since the meeting was last held on September 8, 2022, during the tenure of the sacked Chairman, Iyorchia Ayu, the new leadership under Damagum has failed to convene NEC meetings to enable its members to review the party’s activities, take critical decisions and plan for future elections, despite demands by concerned party members.

At the mention of the case on Tuesday, the plaintiff’s lawyer, Anderson Asemota told the court that the matter was coming up for the first time and that the plaintiff has not been able to effect service of court documents on all the defendants.

“My lord, it is based on this that I have filed a motion for substituted service, unfortunately, it is not in the records of the court.

“In view of this, we shall be asking for a short date to enable us take our motion for substituted service,” Asemota added.

Ruling, Justice Mobolaji Olajuwon directed Asemota to make another attempt at serving the remaining defendants personally and give a report of service on the next adjourned date.

Justice Olajuwon then adjourned till February 8 for a report of service or for the plaintiff to present his argument on the motion for substituted service.

Listed with Damagum as defendants in the suit are the PDP, Senator Samuel Anyanwu (National Secretary), Umar Nature (National Organizing Secretary), Okechukwu Daniel (National Auditor), Ahmed Yayari (National Treasurer), Muhammed Kadade (National Youth Leader) and the Independent National Electoral Commission (INEC).

Sowumi is contending that not only did the failure of the party’s leadership to hold NEC meeting violate the party’s constitution, it is inimical to the progress of the party and threatens his fortune and those of other members, who plan to contest future elections

He stated, in a supporting affidavit that since the party participated in the last governorship elections in Bayelsa, Kogi and Imo states, the reports of the elections have not been presented to the party as required.

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He added that elections are coming up in Edo and Ondo state elections and the party needs to also plan and prepare ahead, “which preparation and planning can only be done at the meeting of the members of the NEC.

Sowumi stated that “by the provisions of Articles 31(2)(4) &(5) of the party’s constitution, Damagum and leaders of the PDP “are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the NEC of the PDP at which they shall present proposed guidelines and regulations governing the conduct of elections to the party offices at all levels, and procedure of selecting party candidates for elective offices to the members of the NEC.

He added that “there are other critical issues which the party need to discuss during the NEC meeting.

“The NEC is saddled with the responsibility of fixing and approving the date for the party’s National Convention which is the highest decision-making organ of the party.

“The NEC is the organ that would determine when the convention will hold, organize and what will transpire there.

“By their conduct and actions aforesaid the 2nd to 7th defendants are acting in breach and violation of the constitution of the 1st defendant (PDP) and the provision of the Electoral Act, 2022 which may have fatal consequences for the smooth and continuous running of the 1st defendant as a political party in Nigeria,” he said.

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Sowunmi wants the court to among others, issue an order of perpetual injunction restraining Damagum and others, including their agents “from functioning or continuing to function or discharge the functions of their offices until they call for or cause to be called and held meeting of the NEC of the PDP in total fidelity and obeisance to the PDP constitution.”

He also wants the court to order the party’s leadership “to immediately call for or cause to be called and held the meeting of the National Executive Committee of the PDP to present the activities of the party from the date of the last NEC meeting which was held on 8th September, 2022.”

The plaintiff is equally seeking an order directing Damagum and others “to immediately call for or cause to be called and held the meeting of the NEC of the PDP to present the proposed guidelines and regulations governing the conduct of elections to the party offices at all levels and procedure for selecting party candidates for elective offices to the members of the NEC.”