An Abuja Chief Magistrate Court sitting in Wuse Zone 2 has struck out a criminal complaint against the disputed National Chairman of the Social Democratic Party (SDP), Shehu Musa Gabam, over allegations of misappropriating party funds.
Magistrate Amauche Onyedum ruled that the court lacked jurisdiction to hear the case, holding that the allegations involved the party’s internal affairs, financial transactions and constitutional procedures, which required determination by a High Court.
The case, marked DCC/10/2026, was filed by an SDP chieftain, Dr Sodiq Umar Abubakar, against Gabam and another party member, Chukwuma Ogbonna Okechukwu. Both defendants were accused of 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 party’s disciplinary committee, which allegedly found that the defendants conspired to divert SDP funds.
In his statement on oath, the complainant alleged that funds belonging to the party were misappropriated through transactions and payments authorised by Gabam without following due process.
Abubakar testified as the first prosecution witness, adopted his witness statement and tendered documents before the court.
However, the magistrate questioned whether the court had the authority to determine the allegations. Although the Penal Code provides for the prosecution of criminal breach of trust before a Magistrate Court, Onyedum held that the circumstances of the case required a broader examination of the party’s financial records, internal processes and disciplinary committee findings.
The court noted that determining the allegations would involve examining the responsibilities of the SDP leadership and whether the defendants acted contrary to the party’s constitution.
Citing Tumbido v. INEC (2023) 15 NWLR (Pt. 1907) 301, the magistrate considered the autonomy of political parties in managing their internal affairs and concluded that the matter was more appropriately suited for a High Court.
Consequently, the complaint was struck out.
Sandra Agba appeared for the complainant, while Yahaya Mukaila Mavo represented the defendants.
