PDP’s chair, legal adviser clash in court over party’s representation
Peoples Democratic Party (PDP)’s National Chairman Umar Iliya Damagum and National Legal Adviser Kamaldeen Ajibade clashed over the party’s legal representation at the Federal High Court in Abuja on Tuesday.
The disagreement ensued when a Senior Advocate of Nigeria (SAN), Chris Uche, hired by Mr Damagum who was present in court, announced appearance for the PDP during hearing in a suit challenging the party’s scheduled elective national convention.
Mr Ajibade, who is a SAN, rose up to counter the move by also announcing an appearance to personally represent the party.
The dispute between the two top party officials stalled court proceedings for several minutes, with both men maintaining that they had the sole authority to appoint legal representation for the party.
The clash highlights the confidence crisis that has driven a wedge between PDP leaders, which in turn has weakened the party in different parts of the country and levels of government.
It came on a day Governor Peter Mbah, the last PDP governor in the South-east, along with political appointees and elected officials in the state, defected to the All Progressives Congress (APC). A PDP senator from Bauchi State, Samaila Kila, also dumped the party to join the APC, which now has a two-thirds majority in the Nigerian upper legislative chamber.
Some PDP members recently filed the suit to stop the conduct of the party’s elective convention scheduled for November.
This followed the issuance of the notice and timetable for the elective national convention by the National Working Committee.
The document dated 3 August and signed by the National Organising Secretary, Umar Bature, scheduled the national convention for 15 and 16 November in Ibadan, Oyo State, where new national officers are expected to be elected.
Displeased with the move, party members – Austin Nwachukwu (Imo PDP chairman), Amah Abraham Nnanna (Abia PDP chairman) and Turnah Alabh George (PDP secretary, South South) – filed their suit to challenge it.
They sued defendants including the Independent National Electoral Commission (INEC), the PDP, Samuel Anyanwu (national secretary of the party), Umar Bature (national organising secretary), the National Working Committee (NWC) and the National Executive Committee (NEC) of the party.
Disagreement over lawyer appointment
At Tuesday’s hearing, Joseph Daudu, a SAN, announced appearance for the plaintiffs.
But when Mr Uche, SAN, with more than five other senior advocates, announced appearance for the PDP, the party’s national legal adviser, Mr Ajibade, the party’s national legal adviser and a SAN, countered, announcing himself as the one to represent the party.
Mr Uche informed the judge, Mr Omotosho, that he had a letter from the PDP national chairman to represent the party in the suit.
Mr Ajibade, however, replied that he was the sole authority vested with power by the PDP constitution to appoint legal representation for the party and cited some judgements to back his claim.
While they were still arguing, the judge paused the hearing for 10 minutes and directed the two PDP officials to step out of the courtroom and put their house in order.
At the end of the 10 minutes, the two reported back to the court that they were unable to reconcile the issue of legal representation. This prompted Mr Uche to seek a short adjournment to enable them to resolve the matter.
However, the plaintiffs’ lawyer, Mr Daudu, pleaded with the judge to hear the matter on the next adjourned date, even if the respondents had yet to resolve their differences.
Mr Omotosho subsequently adjourned the matter to 16 October.
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Addition of more defendants
At Tuesday’s proceedings, the judge also joined the PDP chairperson, Mr Damagum, and two other officers, Ali Odefa and Emmanuel Ogidi, as the seventh, eighth and ninth defendants in the suit.
Their respective lawyers, Paul Erokoro and Audu Anuga (SANs), had requested that their clients be joined in the matter. They made the requests in two separate applications.
Mr Erokoro, while arguing for Mr Damagum’s joinder, informed the court that he was a necessary party because “he is the national chairman of the PDP, chairman of the (party’s) NWC, of the NEC, and chairman of the convention committee.”
Also, Mr Anuga, SAN, in his submission on joinder for Mr Odefa and Mr Ogidi, informed the court that the two were officers of the PDP who would be affected by the outcome of the case.
But the plaintiffs’ lawyer, Mr Dauda, opposed the request. He urged the court to reject it, arguing that their joiner would serve no purpose.
In a brief ruling, the judge said he had considered the status of Messrs Damagum, Odefa and Ogidi and found them to be necessary parties who would be affected by the outcome of the case.
The judge then granted their request and ordered the plaintiffs to list them as the seventh, eighth and ninth defendants.
He also directed the plaintiffs to make consequential amendments to all the processes filed in respect of the case to reflect the names of the newly joined parties.