A Magistrate Court in the Federal Capital Territory (FCT), Abuja, 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.
The court, presided over by Magistrate Amauche Onyedum, declined jurisdiction in the case, holding that the allegations, which relate to the internal affairs and financial transactions of the political party, require determination by a High Court.
The ruling was deliveredat the District Court in Wuse Zone 2, Abuja, in case number DCC/10/2026.
The complaint was filed by Dr. Sodiq Umar Abubakar against Gabam and another defendant, Chukwuma Ogbonna Okechukwu, over alleged criminal breach of trust under 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 on her own motion, questioning 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 said 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.
Relying on the Supreme Court decision in Kraus Thompson Organisation Ltd. v. NIPSS (2004) 17 NWLR (Pt. 901) 44, the court held that specific legal provisions governing a subject matter take precedence over general provisions.
It also cited Tumbido v. INEC (2023) 15 NWLR (Pt. 1907) 301 in considering the autonomy of political parties in managing their internal affairs.
The magistrate consequently held that the matter was more appropriately suited for determination by a High Court and declined jurisdiction.
The complaint was therefore struck out.
Sandra Agba appeared for the complainant, while Yahaya Mukaila Mavo represented the defendants.
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