The Federal High Court has been asked to stop the national chairman of the People’s Democratic Party, Umar Damagum, and other national leaders of the party from further acting in their capacities owing to their alleged violation of the party’s constitution.
The request forms a major relief in a suit filed by a former aide to Atiku Abubakar, who was the spokesman of the PDP during the last general elections and a former gubernatorial candidate in Ogun State, Otunba Segun Showunmi.
In the suit marked: FHC/ABJ/CS/70/2024, Showunmi accused the national leadership of the party of hampering its fortune in future elections by failing to hold the mandatory National Executive Committee meeting of the party to enable its members to review the party’s activities, take critical decisions and plan for future elections.
Showunmi, who 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 Umar Damagum has allegedly refused to convene NEC meetings despite demands by concerned party members.
The plaintiff stated that not only did the failure to hold the NEC meeting violate the party’s constitution, but it was inimical to the progress of the party and threatened his fortune and those of other members, who plan to contest future elections.
He asked the court to among others, issue an order of perpetual injunction restraining Damagum and other national leaders, 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.”
Showunmi, in the suit filed by his lawyer, Anderson Asemota, also prayed 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.”
He equally sought 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.”
Listed with Damagum as defendants in the suit are the PDP, Senator Samuel Anyanwu (National Secretary), Umar Bature (National Organizing Secretary), Okechukwu Daniel (National Auditor), Ahmed Yayari (National Treasurer), Muhammed Kadade (National Youth Leader) and the Independent National Electoral Commission.
Showunmi, in a supporting affidavit, stated 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.
He added that elections are coming up in Edo and Ondo States 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.
Showunmi stated, “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, “There are other critical issues that the party needs 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 determines 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.
“It is now necessary to construe the relevant provisions of the law and the 1st to 7th defendants viz-a-viz the provisions of the constitution of the 1st defendant to determine the existence and extent of the jural rights of the parties in conformity with their own law, in the interest of justice, law, and order.
“All efforts to get the 1st to 7th defendants to call or cause to be called and held a meeting of the NEC have proved abortive as the defendants have woefully failed, refused, and/or neglected to respond to my entreaties viva voce and repeated demands for a NEC meeting as well as the letter written by my solicitors in that regard.”
Showunmi stated that unless the defendants were compelled by orders of the court, they “will proceed to continue to breach and violate the provisions of the constitution of the 1st defendant which will jeopardize my rights as a member of the party, who is eligible and desirous of running for the office of the national chairman of the PDP which election is slated to hold in the next national convention.
“The refusal or failure to call or cause to be called and held quarterly or at the request of the members of the NEC of the PDP the meeting of the NEC of the PDP, is in breach or violation of my rights as a member of the 1st defendant.”
The plaintiff wants the court to declare among others, that under and by the provisions of Article Articles 31(2)(4)&(5) of the PDP and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants 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 the defendants 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 also told the court to declare that having failed, refused and/or neglected 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 in which the 8th defendant (INEC) ought to have been invited, the 1st to 7th defendants are in breach of the party’s constitution and the Electoral Act.
