Sowunmi Sues PDP, Wants Court To Compel Damagun-Led NWC To Convene NEC Meeting

Former Peoples Democratic Party (PDP) governorship candidate in Ogun State, Otunba Segun Sowunmi, has filed a legal action before the Federal High Court in Abuja, asking it to stop the Acting National Chairman of the Peoples Democratic Party (PDP), Umar Damagum and other members of the National Working Committee (NWC) from further acting in their capacities, following their alleged violation of the party’s constitution.

Sowunmi, who is also a former aide to Vice President Atiku Abubakar and spokesman to the PDP during the last general elections, is asking the court to compel Damagum- led NWC to hold the mandatory National Executive Meeting (NEC) of the party.

In the suit marked: FHC/ABJ/CS/70/2024, Sowunmi accused national leadership of the party of hampering its fortune in future elections by failing to hold the mandatory NEC meeting of the party to enable its members review the party’s activities, take critical decisions and plan for future elections.

Sowunmi also named Damagum, PDP, Senator Samuel Anyanwu (National Secretary), Umar Nature (National Organizing Secretary), Okechukwu Daniel (National Auditor), Ahmed Yayari (National Treasurer), Muhammed Kadade (National Youth Leader) and the Independent National Electoral Commission (INEC) as co-defendants to the suit.

The plaintiff also stated that since the meeting was last held on September 8, 2022 during the tenure the sacked Chairman, Iyorchia Ayu, the new leadership under Umar Damagum has allegedly refused to convene NEC meeting despite demands by concerned party members.

The plaintiff further stated that not only did the failure to hold NEC meeting violates the party’s constitution, it is inimical to the progress of the party and threatens his fortune and those of other members, who plan to contest future elections .

Sowunmi is further asking the court to among others, issue an order of perpetual injunction restraining Damagum and others, including their agents “from functioning or continuing to function or discharge the functions of their offices until they call for or cause to be called and held meeting of the NEC of the PDP in total fidelity and obeisance ot the PDP constitution.”

Sowunmi, in the suit filed by his lawyer, Anderson Asemota, also wants the court to order the party’s party’s leadership “to immediately call for or cause to be called and held the meeting of the National Executive Committee (NEC) of the PDP for the purpose of presenting the activities of the party from the date of the last NEC meeting which was held on 8th September, 2022.”

He is equally seeking an order directing Damagum and others “to immediately call for or cause to be called and held the meeting of the NEC of the PDP for the purpose of presenting the proposed guidelines and regulations governing the conduct of elections to the party offices at all levels and procedure for selecting party
candidates for elective offices to the members of the NEC.”

In a supporting affidavit, Sowunmi stated that since the party participated in the last governorship elections in Bayelsa, Kogi and Imo states, the reports of the elections have not been presented to the party as required.

He added that elections are coming up in Edo and Ondo states and the party needs to also plan and prepare ahead, saying that “the preparation and planning can only be done at the meeting of the members of the NEC.”

Sowunmi further stated that “by the provisions of Articles 31(2)(4) &(5) of the party’s constitution, Damagum and leaders of the PDP “are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the NEC of the PDP at which they shall present proposed guidelines and regulations governing the conduct of elections to the party offices at all levels, and procedure of selecting party candidates for elective offices to the members of the NEC.

He is also asking the court to take a judicial notice of the fact that, “There are other critical issues which the party need to discuss during the NEC meeting.

“The NEC is saddled with the responsibility of fixing and approving the date for the party’s National Convention which is the highest decision-making organ of the party.

“The NEC is the organ that would determine when the convention will hold, organize and what will transpire there.

“By their conduct and actions aforesaid the 2nd to 7th defendants are acting in breach and violation of the constitution of the 1st defendant (PDP) and the provision of the Electoral Act, 2022 which may have fatal consequences for the smooth and continuous running of the 1st defendant as a political party in Nigeria.”

The plaintiff further informed the court that, “It is now necessary to construe the relevant provisions of the law and of the 1st to 7th defendants viz-a-viz the provisions of the constitution of the 1st defendant with a view to determine the existence and extent of the jural rights of the parties in conformity with their own law, in the interest of justice, law and order.

“All efforts to get the 1st to 7th defendants to call or cause to be called and held meeting of the NEC have proved abortive as the defendants have woefully failed, refused and/or neglected to respond to my entreaties viva voce and repeated demands for a NEC meeting as well as the letter written by my solicitors in that regard.”

Sowunmi also stated that unless the defendants were compelled by orders of the court, they “will proceed to continue to breach and violate the provisions of the constitution of the 1st defendant which will jeopardize my rights as a member of the party, who is eligible and desirous of running for the office of the National Chairman of the PDP which election is slated to hold in the next national convention.

“The refusal or failure to call or cause to be called and held quarterly or at the request of the members of the NEC of the PDP the meeting of the NEC of the PDP, is in breach or violation of my rights as a member of the 1st defendant.”

The plaintiff wants the court to declare among others, that under and by virtue of the provisions of Article Articles 31(2)(4)&(5) of the PDP and Section 82(1) of the Electoral Act, 2022, the 1st to 7th defendants are obligated to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the NEC of the PDP at which the defendants shall present proposed guidelines and regulations governing the conduct of elections to the party offices at all levels, and procedure of selecting party candidates for elective offices to the members of the NEC

He also wants the court to declare that having failed, refused and/or neglected to call for or cause to be called and held quarterly or at the request of one-third of members of the NEC of the PDP the meeting of the NEC of the PDP in which the 8th defendant (INEC) ought to have been invited, the 1st to 7th defendants are in breach of the party’s constitution and the Electoral Act.