Federal High Court sitting in the federal capital territory, Abuja, has issued an order restraining the Peoples Democratic Party from suspending their national chairman, Amb. Umar Illiya Damagum.
The court gave the order in a motion exparte application filled by SEN/AMB. UMAR EL-GASH MAINA and ALH. ZANNA MUSTAPHA GADDAMA with suit number: FHC/ABJ/CS/579/2024.
Respondents in the suit are:
PEOPLES DEMOCRATIC PARTY (PDP)
NATIONAL WORKING COMMITTEE (NWC) OF PEOPLES DEMOCRATIC PARTY (PDP)
NATIONAL EXECUTIVE COMMITTEE (NEC) OF PEOPLES DEMOCRATIC PARTY (PDP)
BOARD OF TRUSTEES (BOT) OF PEOPLES DEMOCRATIC PARTY (PDP)
INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC).
UPON THE MOTION EXPARTE dated and filed on the 2nd day of May, 2024 the plaintiff prayed for the following reliefs:
“AN ORDER OF INTERIM INJUNCTION restraining the 1st 4th Defendants/ Respondents, their agents, privies by whatsoever name called from appointing, selecting or nominating any person to replace Amb. Umar Illiya Damagum as National Chairman or Acting National Chairman of the 1sthDefendant/Respondent pending the hearing and determination of the Motion on Notice.
“AN ORDER OF INTERIM INJUNCTION restraining the 5th Defendant/Respondent, its agents, officers or privies from according recognition to any person other than Amb. Umar Illiya Damagumaas Acting National Chairman of the 1st Defendant/Respondent or giving effect to or acting upon any document purporting to be signed by the National Chairman or Acting National Chairman of the 1stDefendant/Respondent without the name and signature of Amb. Umar Illiyan Damagum as the Acting National Chairman pending the hearing and a determination of the Motion on Notice.
“AND FOR ANY OTHER ORDER(S) as the Honourable Court may deem fit tomake in the circumstances..
UPON READING the Affidavit in support of the application, Affidavit of Extreme Urgency and Affidavit of non-multiplicity of action, all deposed to by Sen./Amb. Umar El-Gasha Maina, Male, Adult, Muslim, Nigerian Citizen of No. 12, Maiduguri Road, Opposite Federal Polytechnic, Damaturu, Yobe State, together with Exhibits attached thereto and filed at this Court Registry;
AFTER HEARING M. O. Onyilokwu Esq., U.Udosen Esq., Douglas Moru Esq., Clarissa C.Chibuike Esq., and M. E. Ekpo Esq. of Counsel for the Plaintiff/Applicant move interms of the Motion Paper, the presiding judge, HON. JUSTICE P. O. LIFU (JP) PRESIDING JUDGE ORDERED AS FOLLOWS:
“The Defendants/Respondents are hereby restrained in the interim, from appointing, selecting, nominating any person to replace Amb. Umar Illiya Damagum as National Chairman or Acting National Chairman of the 1st Defendant/Respondent pending the hearing and determination of the Motion on Notice already filed which is herein fixed against the 14th of May, 2024.
“The Defendants/Respondents by themselves, agents, privies or by any proxy, are hereby in the interim,restrained from according recognition to any person other than Amb. UmarIlliya Damagum as Acting National Chairman of the 1st Defendants/Respondents or giving effect to or acting upon any document purporting to be signed by the National Chairman or Acting National Chairman of the 1st Defendant without the name and signature of Amb. Umar Illiya Damagum pending the heuring and determination of the Motion on Notice already filed in Court in the instant suit.
“The Applicants are herein ordered to enter into a fresh undertaking to pay damages to the Respondents (to be assessed by the Court) if at the end of the day it is discovered that this order ought not to have been granted or that the Honourable Court was misled into granting same.
The court thereafter, fixed 14th of May, 2024 for the hearing of the Motion on Notice.
