By Peter Effiom

A significant portion of Justice Uche Agomoh’s ruling, which acknowledged a factional caretaker committee in the Peoples Democratic Party (PDP) headed by Abdurahman Mohammed, was overturned by the Court of Appeal in Abuja.

A judge cannot grant you anything that you did not expressly request in your claims, according to the legal maxim “the court is not a Father Christmas.” The trial court presided over by Justice Agomoh turned into a “Father Christmas” in the PDP leadership struggle, providing relief that no one had requested.  

In a ruling on January 30, Justice Agomoh acknowledged the caretaker committee headed by Abdurahman Mohammed and Samuel Anyanwu as the party’s legitimate leadership division, going beyond the matters brought before the court in a dispute resulting from the PDP leadership crisis.

None of the parties before the lower court had requested such a declaration, according to the Court of Appeal.

According to Justice Uchechukwu Onyemenam’s ruling, the trial court granted relief that none of the parties to the lawsuit had ever requested.

The ruling, which is another important court ruling in the long-running PDP leadership battle, essentially invalidates the foundation upon which the Federal High Court recognized the caretaker committee connected to the Abdurahman Mohammed group.

The committee loses its legal basis when the Court of Appeal invalidates the lower court’s recognition of the Abdulrahman-led faction.

Following the Supreme Court’s previous invalidation of the PDP’s Ibadan convention, the appellate court declared the dispute to be an academic exercise, thus invalidating the status of the Abdulrahman-led caretaker committee.

The Court of Appeal’s decision has multiple ramifications. The caretaker committee headed by Abdulrahman is no longer legally authorized to oversee PDP operations.

The Court of Appeal ruled that the lower court’s initial recognition of the faction went beyond the requested relief. The decision confirmed that any superstructure, such as the caretaker committee, that is based on a national convention that has already been declared void cannot endure.

The party is compelled to look for a new solution after the Ibadan convention and the caretaker committee’s subsequent recognition were declared illegitimate. This would probably lead the Board of Trustees (BoT) or National Executive Committee (NEC) to appoint new interim leadership.

Since their supported caretaker system is now legally void, the ruling is seen as a severe blow to the group that had previously supported Nyesom Wike.

As the 2027 elections draw near, the main opposition party’s operations and organization are severely constrained by the continuous infighting at both the national and regional levels.

Nigerians should offer prayers for the once-great PDP, which was regarded as the biggest political party in Africa, as it continues to navigate its complex problems.  

EteteOnline Team

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