Justice Peter Lifu of the High Court of the Federal Capital Territory (FCT) has issued an injunction preventing the Peoples Democratic Party (PDP) from removing its national chairman, Ambassador Umar Illiya Damagum, from his position.
The court’s decision came after a motion presented by M. O. Onyilokwu, counsel to the plaintiff/applicant.
Justice Lifu stated, “The defendants/respondents are hereby temporarily restrained from appointing, selecting, or nominating any individual to replace Ambassador Umar Illiya Damagum as the national chairman or acting national chairman of the 1st defendant/respondent pending the hearing and determination of the motion on notice, scheduled for May 4, 2024.
“The defendants/respondents, their agents, privies, or proxies are also temporarily restrained from recognizing any person other than Ambassador Umar Illiya Damagum as the acting national chairman of the 1st defendant/respondent or giving effect to any document purportedly signed by the national chairman or acting national chairman of the 1st defendant without the name and signature of Ambassador Umar Illiya Damagum, pending the hearing and determination of the motion on notice filed in Court in this suit.
“The applicants are directed to provide a fresh undertaking to pay damages to the respondents (to be assessed by the court) if it is determined that this order should not have been granted or if the court was misled into granting the same.”
The court issued the order in an ex-parte motion filed by Senator Umar El-Gash Maina and Alhaji Zanna Gaddama, in a case marked: FHC/ABJ/CS/579/2024.
The respondents in the motion, filed on May 2, 2024, include the PDP, National Working Committee (NWC) of the party, National Executive Committee (NEC), Board of Trustees (BoT), and the Independent National Electoral Commission (INEC).
In the motion, the plaintiff sought “an interim injunction restraining the 1st to 4th defendants/respondents, their agents, privies from appointing, selecting, or nominating any person to replace Damagum as national chairman or acting national chairman of the 1st defendant/respondent pending the hearing and determination of the motion on notice.
“An interim injunction restraining the 5th defendant/respondent, its agents, officers, or privies from according recognition to any person other than Ambassador Umar Illiya Damaguma as acting national chairman of the 1st defendant/respondent or giving effect to any document purportedly signed by the national chairman or acting national chairman of the 1st defendant/respondent without the name and signature of Ambassador Umar Illiyan Damagum as the acting national chairman pending the hearing and determination of the motion on notice.
The affidavit supporting the application, an affidavit of extreme urgency, and that of non-multiplicity of action, accompanying the ex-parte application were all sworn by Ambassador Umar El-Gasha Maina.
