PDP Crisis: Drama as court shifts hearing of anti-convention suit till Thursday

PDP

… as Damagun, Ajibade tangle in court over legal representation

By Ikechukwu Nnochiri

ABUJA–The Federal High Court sitting in Abuja, on Tuesday, deferred hearing of a suit seeking to stop the planned National Convention of the Peoples Democratic Party, PDP.

Justice James Omotosho shifted hearing of the matter till Thursday, following a power tussle that played out in the open court after the case was called up.

A mild drama ensued after the National Chairman of the party, Ambassador Umar Iliya Damagum and the National Legal Adviser, Kamaldeen Ajibade, SAN, tangled over who has the authority to engage lawyers to represent the party.

The suit, marked: FHC/ABJ/CS/2120/2025, was brought before the court by three aggrieved members of the party; Hon. Austin Nwachukwu (Imo PDP chairman), Hon Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP Secretary, South-South).

Shortly after the case was mentioned, Damagum, who was physically present in court, in a letter he personally signed, mandated Chief Chris Uche, SAN, to lead the party’s legal team.

On the other hand, the Legal Adviser, Ajibade, SAN, who was equally in court, announced himself as the lawyer for the party, insisting he was the only authority that could appoint legal representation for the PDP.

Before Ajibade’s announcement, Chief Uche, SAN, who came to court with five other SANs, had already told the court that they were duly authorised to defend the party.

Chief Uche, SAN, was yet to assume his seat when the PDP’s legal adviser countered him by also announcing his appearance as the bonafide legal representative of the party.

Despite Chief Uche’s authorization letter, which he submitted to the court, Ajibade, SAN, contended that the party’s constitution solely vested on him, the power to appoint lawyers to handle legal matters for the party.

He cited several decided cases to back up his argument.

In view of the dispute, Justice Omotosho initially stood down the case for about 10 minutes to enable Damagum and Ajibade to step out of the courtroom to reach a consensus on who should represent the party in the suit.

However, when the court reconvened, the duo informed the judge that they were unable to reach an agreement.

They, therefore, requested for an adjournment to enable them to go back and reconcile their differences.

On his part, Mr. Joseph Daudu, SAN, who announced his appearance for the plaintiffs, urged the court to proceed with hearing of the suit should PDP fail to put their house in order on the next adjourned date.

Justice Omotosho, in a ruling, joined Damagum, Ali Odefa and Chief Emmanuel Ogidi as the 7th, 8th and 9th defendants in the suit.

They were joined after the court heard two separate applications that were argued by their lawyers, Paul Erokoro, SAN, and Audu Anuga, SAN.

Erokoro, SAN, while arguing for Damagum’s inclusion as a defendant in the matter, insisted that he was a necessary party in view of his position as the National Chairman of PDP, Chairman of its National Working Committee, NWC, Chairman of the National Executive Committee, NEC, as well as the Chairman of the Convention Committee.

Similarly, Anuga, SAN in his submissions for the inclusion of Odefa and Ogidi, told the court that the duo are officers of the party who would be affected one way or the other by the outcome of the case.

Counsel to the plaintiffs, Daudu, SAN, opposed the applications and urged the court to dismiss them.

He contended that the plaintiffs did not seek any relief against those that sought to be joined, adding that the matter before the court could be effectively resolved without their input.

In his brief ruling, Justice Omotosho said he was minded to allow the applicants to be a part of the case considering the positions they occupy in the PDP.

Describing them as necessary parties, the court said it was satisfied that they would be affected by the outcome of the case.

Consequently, the court ordered the plaintiffs to amend the processes to reflect the names of the applicants as the 7th, 8th and 9th defendants.

Other defendants in the matter are the Independent National Electoral Commission, INEC; the PDP;  the National Secretary of the party, Senator Samuel Anyanwu; the National Organizing Secretary of the party, Umar Baturrle; the NWC, as well as the NEC of the party.

Specifically, the plaintiffs, in their originating process, prayed the court to stop the National Convention of the party scheduled to hold in Ibadan, Oyo state on November 15 and 16, where new National Officers of the party would be elected.

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