By Ikechukwu Nnochiri, Abuja
An Abuja Chief Magistrate Court sitting at Wuse Zone 2 has struck out a criminal complaint against the disputed National Chairman of the Social Democratic Party (SDP), Alhaji Shehu Musa Gabam, over alleged misappropriation of funds belonging to the party.
In a ruling, Magistrate Amauche Onyedum held that the court lacked the requisite jurisdiction to entertain the case.
He held that since the allegations pertained to the internal affairs and financial transactions of a political party, the case ought to have been filed before a High Court.
Consequently, the court struck out the case, marked DCC/10/2026, which was filed by a chieftain of the party, Dr. Sodiq Umar Abubakar.
Aside from Gabam, another member of the party, Chukwuma Ogbonna Okechukwu, was also listed as a defendant in the matter.
The duo were alleged to have acted in breach of trust, contrary to the provisions of Sections 311 and 312 of the Penal Code Law.
Abubakar initiated the direct criminal complaint on January 15, 2026, following a report by the SDP disciplinary committee, which allegedly found that the defendants conspired to divert funds belonging to the party.
In his statement on oath, the complainant alleged that the defendants were involved in the misappropriation of party funds through transactions and payments authorised by Gabam without due process.
The complainant appeared as the first prosecution witness, adopted his witness statement and tendered documents before the court.
However, after examining the complaint and the evidence presented, the magistrate raised the issue of jurisdiction and queried whether the court had the authority to entertain the case.
Although the court acknowledged that the Penal Code Law ordinarily provided for the prosecution of criminal breach of trust before a Magistrate Court, it held that the circumstances of the case required a more extensive examination of the party’s internal processes, financial records and the findings of its disciplinary committee.
The court held that determining the allegations would involve examining the responsibilities of the party’s leadership and whether the defendants acted outside the provisions of the SDP constitution.
The court cited Tumbido v. INEC (2023) 15 NWLR (Pt. 1907) 301 in considering the autonomy of political parties in managing their internal affairs and, consequently, held that the matter was more appropriately suited for determination by a High Court.
Sandra Agba appeared for the complainant, while Yahaya Mukaila Mavo represented the defendants.
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