A Magistrate Court in the Federal Capital Territory (FCT), Abuja, has declined jurisdiction in a criminal complaint against the National Chairman of the Social Democratic Party (SDP), Alhaji Shehu Musa Gabam, over alleged misappropriation of party funds.

The court, presided over by Magistrate Amauche Onyedum, held that the allegations required a broader examination of the party’s internal affairs, financial transactions and constitutional provisions, making the matter more appropriate for determination by a High Court.

The ruling was delivered at the District Court in Wuse Zone 2, Abuja, in suit 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 implicated the defendants in the diversion of 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 allegedly 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 was competent to entertain the matter.

Although the court acknowledged that the Penal Code Law ordinarily provides 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 SDP’s internal processes and financial records.

The court noted that determining the allegations would involve examining the responsibilities of the party’s leadership, the relevant provisions of the SDP constitution and whether the defendants acted outside the party’s established procedures.

In reaching its decision, the magistrate relied on the Supreme Court decision in Kraus Thompson Organisation Ltd. v. NIPSS (2004) 17 NWLR (Pt. 901) 44, which she cited in considering the relationship between specific and general legal provisions.

The court also cited Tumbido v. INEC (2023) 15 NWLR (Pt. 1907) 301 in considering the autonomy of political parties in managing their internal affairs.

Consequently, the magistrate declined jurisdiction and struck out the complaint, ending the proceedings before the lower court.

The decision was based on the court’s assessment of its jurisdiction and the nature of the issues raised, rather than a determination of whether the allegations of misappropriation were established.

Sandra Agba appeared for the complainant, while Yahaya Mukaila Mavo represented the defendants.