By Aminu Kutama
The Court of Appeal in Abuja on Monday set aside the decision of a Federal High Court which recognised Shehu Sagagi as the chairman of the Peoples Democratic Party, PDP, in Kano.
Mr Sagagi, who was elected when a former governor of the state, Sen Rabiu Musa Kwankwaso was in the party, is accused of a lackey of the presidential candidate of the New Nigeria Peoples Party, NNPP.
Kwankwaso’s defection to the NNPP resulted in The National Working Committee, NWC of the PDP dissolve the state, local and ward executive committees of the Kano State chapter of the party and appointed a 6-man caretaker committee as replacement, on March 23.
However, on May 25, Justice Taiwo Taiwo of the Federal High Court issued a perpetual injunction retaining the PDP headquarters from removing Mr Sagagi from office until the end of his tenure in December 2024.
Justice Taiwo had held that the NWC or any other organ of the party lacked power to dissolve state executives duly elected through congress.
But the Court Appeal on Monday set aside Justice Taiwo’s judgment, saying it was internal affairs of the party and that the party had powers to dissolve the Kano executives.
The three man panel of the appellate court led by Justice Peter Ige unanimously held that the dissolution of the Executive Committees at all levels in Kano State Chapter of the Appellant, and appointment of Caretaker Committee Members was in accordance with the provisions of Articles 31 (2) (e) of the party’s constitution.
The appellate court further held that the decision of the PDP NWC to dissolve the Executive Committees at all levels in Kano State Chapter of PDP and appointment of Caretaker Committee Members to lead and run activities of the party cannot be challenged in court, as being contrary to the PDP constitution as contended by the 1st – 4th Respondents.
