A Magistrate Court of the Federal Capital Territory, Abuja, has struck out a criminal complaint filed against the disputed National Chairman of the Social Democratic Party, Shehu Gabam, over allegations of misappropriating funds belonging to the party.
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Magistrate Amauche Onyedum, sitting at the District Court in Wuse Zone 2, Abuja, declined jurisdiction to entertain the matter, holding that although the allegations were framed as criminal breach of trust, their determination would require a detailed examination of the SDP’s internal affairs, financial transactions and constitutional processes.
The complaint, marked DCC/10/2026, was filed by Dr. Sodiq Abubakar against Gabam and another defendant, Chukwuma Okechukwu, over alleged offences of criminal breach of trust under Sections 311 and 312 of the Penal Code Law.
Abubakar commenced the direct criminal complaint on January 15, 2026, following a report by the SDP Disciplinary Committee, which allegedly accused the defendants of conspiring to divert funds belonging to the party.
In his statement on oath, the complainant alleged that Gabam authorised certain transactions and payments involving party funds without due process and that the defendants were consequently involved in the alleged misappropriation.
Abubakar testified as the first prosecution witness, adopted his witness statement and tendered documents before the court.
However, after reviewing the complaint and the evidence placed before it, Magistrate Onyedum raised the issue of jurisdiction suo motu, questioning whether the Magistrate Court was the proper forum to determine the dispute.
The court acknowledged that the Penal Code Law ordinarily permits the prosecution of criminal breach of trust before a Magistrate Court, but held that the peculiar circumstances of the case went beyond a straightforward criminal allegation.
According to the court, resolving the complaint would require an examination of the SDP’s internal financial arrangements, the responsibilities of its leadership, the party’s constitution and whether the defendants acted outside the powers granted to them under the party’s internal rules.
The magistrate held that such issues were more appropriately suited for determination by a High Court.
In reaching the decision, the court relied on the Supreme Court’s judgment in Kraus Thompson Organisation Ltd. v. NIPSS (2004) 17 NWLR (Pt. 901) 44, on the principle that specific legal provisions governing a subject matter prevail over general provisions.
The court also referred to Tumbido v. INEC (2023) 15 NWLR (Pt. 1907) 301 in considering the autonomy of political parties in the management of their internal affairs.
Magistrate Onyedum consequently declined jurisdiction and struck out the complaint.
The ruling did not determine the substance of the allegations against Gabam and Okechukwu, but rather held that the Magistrate Court was not the appropriate forum for resolving the issues raised in the complaint.
Sandra Agba appeared for the complainant, while Yahaya Mukaila Mavo represented the defendants.
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