The State Working Committee Peoples Democratic Party Nasarawa State v. Sen. Mohammed Onawo & Ors (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, JCA (Delivering the leading judgment)

This is an Interlocutory Appeal against the ruling of the High Court of Nasarawa State, Doma Division, Coram: Abudulahi H. Shams Shama, J, in suit No. NSD/LF89/2024: Sen. Mohammed Onawo & Ors. v. The State Working Committee Peoples Democratic Party Nasarawa State & Ors. delivered on 20/11/2024, in which the lower court proceeded to adjourn all the pending applications, including the appellants notice of preliminary objection challenging the competence of the 1st – 16th respondents suit and the Jurisdiction of the lower court to entertain the 1st – 16th respondents suit, for hearing without first hearing and determining the appellants said notice of preliminary objection to ascertain whether or not the 1st – 16th respondents suit was competent.

The appellant was peeved with the above decision of the lower court and had appealed against it vide its notice of appeal filed on 21/11/2024 on four grounds of appeal. See pages 1165 – 1173 of volume III of the record of appeal.

The record of appeal was compiled and transmitted to this court on 3/1/2025. Subsequently, a supplementary record of appeal was transmitted to this court on 2/4/2025.

The 1st – 16th respondents filed a notice of preliminary objection on 4/4/2025. Some of the parties, namely, the appellant and the 1st – 16th respondents, filed and exchanged their briefs, namely: The appellants brief, the 1st – 16th respondents’ joint brief, and the appellants reply brief to 1st – 16th respondents. The 17th and 18th respondents did not file any brief.

The appeal was heard on 7/4/2025. The appellant was represented by S. U. Akoh, Esq., appearing with A. U. Bala, Esq., holding the brief of J. J. Usman SAN, who adopted the appellants brief and reply brief as their arguments in support of the appeal and in opposition to the 1st – 16th respondents notice of preliminary objection and urged the court to dismiss the notice of preliminary objection for lacking in merit and allow the appeal.

The 1st – 16th respondents were represented by Yahaya D. Dangana SAN, appearing with M. D. Dahiru, Esq., D. C. Damulak, Esq., and N. M. Bako, Esq., who adopted the 1st – 16th respondents brief as their arguments in support of their notice of preliminary objection and in opposition to the appeal and urged the court to strike out the appeal for being an abuse of court processes and or dismiss the appeal for lacking in merit.

Both the 17th and 18th respondents, though they did not file any brief, were duly represented by counsel, namely: M. A. Jacob Esq. appearing with A. I. Ashokpa, Esq., for the 17th respondent, and O. P. Ulegede Esq., appearing with Igbe Ikpe, Esq., for the 18th respondent.

Succinct statement of facts

By an originating summons filed on 25/9/2024, the 1st – 16th respondents as claimants before the lower court had commenced an action against the appellant and the 17th – 18th respondents as defendants seeking the determination of the following questions, namely:

1. Whether upon a calm and dispassionate interpretation of Article 10(1)(e) of Part II Chapter 2 of the Constitution of Peoples Democratic Party PDP, read together with section 42 of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the claimants are not only entitled to protection from discrimination but can also oppose discrimination within the 1st defendant.
2. Whether upon a calm and dispassionate interpretation of Article 10(1)(a) and (j) of the Constitution of Peoples Democratic Party PDP read together with section 82(3) of the Electoral Act, 2022, a member of the 1st defendant has the right to participate in the congresses of the 1st defendant including the right to vote and be voted for.
3. Whether the refusal by the defendants to sell nomination forms to any interested member of the 1st defendant to contest for a post in the 1st defendant when the said forms are sold to other members only constitutes discrimination and denial of the opportunity to participate in the activities of the 1st defendant and for which such interested member is entitled to legal remedies.
4. Whether by the provisions of Article 8(2) and (13) of the Constitution of Peoples Democratic Party PDP the register of members of the 1st defendant shall be kept at the ward level and shall remain at the ward secretariat at all times for registration and verification of membership and removal of the said register from the ward secretariat constitutes an infringement and/or deprivation of the rights of members to participate in the activities of the 1st defendant.

Upon the determination of the aforesaid questions, the 1st – 16th respondents as claimants claimed against the appellant and the 17th – 18th respondents as defendants, the following reliefs, namely:

1. A declaration that the failure of the defendants to conclude the revalidation exercise of membership of the 1st defendant in Nasarawa State and the removal of the register of members from the various wards in Nasarawa State is a breach of the 1st defendant’s constitution which has exclude many members from been verified, ousting their right to participate in the ward congresses scheduled for 28th September, 2024.
2. A declaration that by Article 10(1)(a) and (j) of the Constitution of Peoples Democratic Party PDP, the claimants as members of the 1st defendant have the right to participate in the activities of the 1st defendant including the right to vote and be voted for without being discriminated against by the defendants
3. A declaration that the refusal by the defendants to sell nomination forms to the 15th, 16th and 17th claimants and or any interested member of the 1st defendant to contest for a post in the 1st defendant when the said forms are sold to only a selected few members constitutes discrimination against them as well as denial of their right to participate in the activities of the 1st defendant thereby entitling them to legal remedies.
4. An Order directing the defendants to sale to the claimants as well as any other interested person the nomination forms to contest for any post of their choice in the congresses of the 1st defendant in Nasarawa State at the various levels.
5. An Order directing the defendants to return forthwith the Register of members removed from the various wards to the Nasarawa State Secretariat of the 1st defendant, back to the Ward Secretariat of the respective Wards in Nasarawa State which is the proper place of custody of the register of members.
6. An order directing the defendants herein to suspend the ward congresses of the 1st defendant in Nasarawa State, scheduled to take place on September 28, 2024 until:

A. The revalidation of the membership exercise is comprehensively done within a period of not less than 30 days henceforth to give members the opportunity to verify their membership status to be able to participate in the forthcoming congresses

B. The defendants make nomination forms available to the claimants herein and other interested members within a reasonable time not earlier than 7 days from the date the forms are made available to the claimants.

7. An order of perpetual injunction restraining the defendants from continuing with the entire congresses of the party at all levels in Nasarawa State i.e. from the Ward, Local Government and State level until the compliance with the prayer sought in relief (vi) above.
8. An order directing the defendants herein to pay the claimants the sum of N500,000,000. 00 only as general damages for the mental torture, embarrassment, deprivation and in-conveniences. See pages 1 – 15 in volume I of the record of appeal.

On the one hand, according to the 1st – 16th respondents, who are claimants before the lower court in this interlocutory appeal, they are registered members of the 17th respondent and had written a letter to the Acting National Chairman of the 17th respondent, wherein they complained against the plan by the appellant together with the 17th – 18th respondents to deny them of their right to participate in the Congresses of the 17th respondent in Nasarawa State.