May 8, (THEWILL) – A Federal Capital Territory (FCT) High Court has restrained the Peoples Democratic Party (PDP) from removing Ambassador Umar Illiya Damagum as its Acting National Chairman.
The court gave the order in a motion ex parte filed by Sen. Umar El-Gash Maina and Alh. Zanna Gaddama, in a suit marked: FHC/ABJ/CS/579/2024.
Respondents in the motion dated and filed on May 2, 2024, are the PDP, its National Working Committee (NWC), National Executive Committee (NEC), Board of Trustees (BoT) and the Independent National Electoral Commission (INEC).
The plaintiff/applicant had prayed the court for “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 1st Defendant/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 Damagum as 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 1st Defendant/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.”
The affidavit in support of the application, an affidavit of extreme urgency and non-multiplicity of action, were all deposed to by Amb. Umar El-Gasha Maina.
After hearing M. O. Onyilokwu Esq., counsel for the Plaintiff/Applicant, who moved the motion paper on Wednesday, Justice Lifu granted an interim order restraining the PDP, as well as the 2nd to 4th defendants, from appointing, selecting, nominating any person to replace Amb. Damagum as National Chairman or Acting National Chairman, pending the hearing and determination of the motion on notice.
“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. Umar Illiya 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 hearing 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,” Justice Lifu ruled.
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