An Abuja Chief Magistrate Court sitting at Wuse Zone 2 has struck out a criminal complaint of alleged misappropriation of party funds filed against the disputed National Chairman of the Social Democratic Party (SDP), Alhaji Shehu Musa Gabam.
Magistrate Amauche Onyedum ruled that the court lacked the jurisdiction to hear the matter. The magistrate held that the allegations concern the internal affairs and financial dealings of a political party and should therefore be taken before a High Court.
The case, marked DCC/10/2026, was initiated by SDP chieftain Dr. Sodiq Umar Abubakar. Also listed as a defendant was another party member, Chukwuma Ogbonna Okechukwu. The complainant alleged that the two men committed criminal breach of trust under Sections 311 and 312 of the Penal Code Law.
According to the complaint filed on 15 January 2026, the defendants allegedly acted on findings of an SDP disciplinary committee that they had conspired to divert party funds. Abubakar stated on oath that transactions and payments were authorised by Gabam without following due process.
The complainant appeared as the first prosecution witness, adopted his written statement and tendered documents. After reviewing the materials, the magistrate raised the question of jurisdiction.
Although the Penal Code allows Magistrate Courts to try criminal breach of trust, the court concluded that resolving the allegations would require a detailed examination of the party’s internal processes, financial records, the disciplinary committee’s report, and the responsibilities of the party leadership under the SDP constitution.
The court relied on the Supreme Court decision in Tumbido v. INEC (2023) 15 NWLR (Pt. 1907) 301, which affirms the autonomy of political parties in managing their internal affairs. On that basis, Magistrate Onyedum struck out the complaint.
Counsel Sandra Agba appeared for the complainant, while Yahaya Mukaila Mavo represented the defendants.
The ruling does not decide the substance of the allegations. It simply determines that a Magistrate Court is not the proper forum. Any further action would have to be commenced in a High Court if the complainant chooses to pursue the matter.
As of the latest available reports, neither the SDP national leadership nor the defendants have issued a formal public statement reacting to the striking-out of the case. The decision adds another chapter to the ongoing internal disputes within the SDP over leadership and control of party resources.
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