Kogi PDP: Proceeding with fresh congress in respect of Chairmanship position, amounts to affront to judicial process – Hon. Muhammad Sanni Gambo.

Kogi PDP: Proceeding with fresh congress in respect of Chairmanship position, amounts to affront to judicial process – Hon. Muhammad Sanni Gambo.

… interference with
constitutional powers of the court

Hon. Muhammad Sanni Gambo, Kogi State PDP Chairmanship Candidates in the last August 31st, 2024, Congress has written to the National leadership of the party.

The letter to PDP Acting National Chairman, was also copied the PDP National Secretary, The PDP National Legal Adviser, The PDP National Organizing Secretary as well as His Excellency, Senator Bala Mohammed,
Executive Governor of Bauchi State and
Chairman PDP Governor’s Forum.

Hon. Muhammad Sanni Gambo, seeks to stop the purported State and Ward Congresses as published in some section of the media.

Hon. Muhammad who wrote the PDP National officers of the grave legal
implications of proceeding with any fresh congress in Kogi State at this time.

Hon. Muhammed in the letter strongly advised that the proposed congress in Kogi State be suspended pending the final determination of the matters presently before the court.

Hon. Muhammed pointed out that exercise of August 31st was widely adjudged free and fair, except for the
participation of Hon. Ememona Anyebe, who, at the time, he added was under a valid and subsisting restraining order issued by the High Court of Kogi State barring him from contesting.

Below is the copy of the letter, written to the National leadership of the party by Hon. Muhammad’s Lawyer, Aruwa, E.G & Co., a firm of Solicitors to HON MOHAMMED SANI GAMBO (hereinafter referred to as“our Client”).

RE:PROPOSED CONDUCT OF FRESH CONGRESSES IN KOGI STATE

We are Solicitors to HON MOHAMMED SANI GAMBO (hereinafter referred to as“our Client”) and upon his firm instructions, we write to you in respect of the above subject matter.

Our Client’s attention has been drawn to a recent publication indicating the intention of the Peoples Democratic Party (PDP) to conduct fresh congresses in thirteen(13)
States of the Federation, including Kogi State, on Saturday, 27 September, 2025,
for the purpose/of electing new State Executive Committees.

While our Client recognizes the constitutional right of the Party to organize its internal affairs, we are constrained to draw your attention to the grave legal
implications of proceeding with any fresh congress in Kogi State at this time.

You will recall that the last State Congress in Kogi State was conducted on 31st
August, 2024, duly monitored by the Indepehdent National Electoral Commission.
(NEC) pursuant to Secion 82(1)45) of the Electoral Act,2022, as well as various
security agencies.

That exercise was widely adjudged free and fair, except for the
participation of Hon. Ememona Anyebe, who, at the time, was under a valid and
subsisting restraining order issued by the High Court of Kogi State barring him from contesting.

Notwithstanding this order, Mr.Anyebe participated and was declared winner. The
High Court, in contempt proceedings, subsequently declared his participation illegal
and void.

In the same proceedings, the Court made consequential orders for the
conduct of a fresh congress for the affected office.

It is important to note that the said consequential order is presently the subject of a subsisting appeal before the Court of Appeal in CA/ABJ/CV/607/2025, and a
Motion for Stay of Execution has been duly filed and served on all parties.

Aside the
appeal now pending before the Court of Appeal, Abuja, our client has also instituted a suit before the Federal High Court,Lokoja (FHC/LKJ/CS/39/2024), wherein he
seeks a declaration that he is the validly elected Chairman of the PDP in Kogi State,
having come second in the election in which Mr. Enemona, who was declared
winner, had no legal basis to participate.

This matter has been heard and adjourned
for judgment to a date to be communicated to the parties by the Court.

It is trite law, as held in GOVERNOR OF LAGOS STATE V.OJUKWU(1986)1
NWLR(PT.18)621, that once a matter is submitted to the jurisdiction of a
competent court, parties must refrain from taking any step capable of rendering the outcome nugatory or foisting a fait accompli on the court.

Accordingly, to proceed with a fresh congress in Kogi State, particularly in respect of the Chairmanship position, while the matter is pending before the Court of
Appeal, will amount to an affront to the judicial process and interference with the
constitutional powers of the court under Section 6(6)(b)of the Constitution of the
Federal Republic of Nigeria,1999(as amended).The Supreme Court has
consistently warned against such conduct -SEE MILITARY GOVERNOR OF
LAGOS STATE V.CHIEF EMEKA ODUMEGWU-OJUKWU (SUPRA)AND
OGUN STATE GOVT.V.DALAMI NIG.LTD (2007)9 NWLR(PT.1038)66.

Furthermore, Hon. Muhammed said the tenure of the present Local Government and Ward Executive
Committees in Kogi State subsists until November 2025.

By virtue of Article 47(1) of the PDP Constitution(as amended), Executive officers are entitled to serve out their tenure unless lawfully removed. Conducting congresses in September, while
their tenure remains valid, would not only be premature but could also trigger
avoidable intra-party disputes and litigation.

In the light of the foregoing, we strongly advised that the proposed congress in Kogi State be suspended pending the final determination of the matters presently before the court.

Any contrary action will not only be in breach of the Party’s Constitution
and the Electoral Act but will also expose the Party to avoidable legal consequences.
We trust that the leadership of the Party, in the spirit of respect for the rule of law and judicial due process,will act in a manner that upholds the integrity of the Party and the courts.
Kindly accept the assurances of our highest professional regards.

Yours faithfully,
EMEJE ARUWA ESQ.
Principal Partner
08066218389

COPY TO:
1.The PDP National Secretary,
P.D.P.National Secretariat,
Wadata House,Abuja.

2.The PDP National Legal Adviser,
P.D.P.National Secretariat,
Wadata House,Abuja.

3.The PDP National Organizing Secretary,
P.D.P.National Secretariat,
Wadata House,Abuja.

4.His Excellency,
Senator Bala Mohammed,
Executive Governor of Bauchi State and
Chairman PDP Governor’s Forum
Bauchi State Liaison Office, Abuja.