This is not an issue this court can delve into at this time,
– Justice Otisi
By Abdulrahman Aliagan, Abuja
The crisis of legitimacy between the national leadership of the Peoples Democratic Party (PDP) and the Rivers State Government has escalated. The Acting National Chairman of the PDP, Ambassador Illya Damagum, and the National Secretary, Senator Samuel Anyanwu, have written a second letter to the Court of Appeal, urging the court to strike out all legal matters purportedly involving the party.
This follows an earlier letter to the Chief Registrar of the Federal High Court in Port Harcourt, in which Damagum and Anyanwu disassociated the PDP from proceedings at the court. In the latest letter, they reiterated that legal proceedings concerning the party must be authorised by the national leadership, as stipulated in the PDP constitution.
The contested cases include an appeal by the Rivers State Government seeking to stay the execution of a judgment mandating Governor Siminalaye Fubara to re-submit his 2024 budget proposal to the pro-Wike faction of the State Assembly, led by Hon. Martin Amaewhule. Another appeal involves the Action Peoples Party (APP), which seeks to declare the seats of certain lawmakers vacant over their alleged defection to the All Progressives Congress (APC).
Notably, one of the appeals under scrutiny, marked CA/1159/2024, was filed by the PDP itself. However, confusion erupted when two lawyers, Mr. B. F. Folurunsho and Mr. J. Y. Musa, separately announced their appearances for the PDP during a hearing on Thursday.
Musa, SAN, claimed he was mandated by the Damagum-led national leadership to withdraw the appeal. On the other hand, Folurunsho argued that he was assigned the case by the party’s National Legal Adviser, who he said holds the authority to oversee all legal matters.
The three-judge appellate panel, led by Justice Onyekachi Otisi, confirmed receiving a letter from the PDP’s Acting National Chairman and Secretary disavowing the appeal. The panel instructed both lawyers to resolve the conflict within the party and notify the court accordingly.
“This is not an issue this court can delve into at this time,” Justice Otisi stated, adjourning some of the appeals to January 23, 2025.
The counsel for the Rivers State Government, Mr. Goddy Uche, SAN, revealed that, aside from the 11 existing cases, four additional appeals related to the crisis had been filed. The court granted his request to consolidate the cases and set November 22 for a preliminary hearing on these matters.
Earlier in the six-hour-long proceedings, the appellate court reserved its judgment on five consolidated appeals concerning the recent local government elections in Rivers State. These appeals were filed by the Attorney General of Rivers State, the Social Democratic Party (SDP), Boot Party, and two cross-appeals by the APC.
With growing tensions between the PDP national leadership and its state chapter, the court’s decisions in January 2025 are poised to significantly impact the ongoing political crisis.