Sen. Samuel Anyanwu was formally recognised as the Peoples Democratic Party’s (PDP) national secretary by the Federal High Court in Abuja on Tuesday.
In a ruling, Justice Inyang Ekwo issued an order of injunction prohibiting the PDP’s national leadership from designating any individual as acting national secretary while Anyanwu’s four-year term is still in effect and will continue to exist until December 9, 2025, in accordance with the party charter.
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Additionally, Justice Ekwo stated that any meeting or decision made by the party to remove Anyanwu from office prematurely or to prohibit him from performing his powers would be in breach of Article 47 (1) of the PDP Constitution (as modified in 2017), and as such, would be void and have no legal significance.
The judge further ordered that Anyanwu, the elected national secretary of the first defendant (PDP), be the only person the Independent National Electoral Commission (INEC) “recognises any purported appointment of any person as national secretary of the party, whether in acting capacity or otherwise.”
According to the News Agency of Nigeria (NAN), the court prevented the PDP from dismissing Anyanwu as national secretary on November 23, 2023, while the substantive matter was being heard and decided.
Dr. Joshua Musa, SAN, made an ex-parte motion on behalf of Apollo’s Godspower and Geoffrey Ihentuge, two party members, and the order was granted.
According to NAN, Godspower is the PDP chairman in the Owerri Municipal Local Government, while Ihentuge is the PDP chairman in the Ikeduru Local Government in Imo.
The PDP, Umar Damagun, the acting national chairman of the party, the National Executive Committee (NEC), the National Working Committee (NWC), and INEC were among the defendants that the plaintiffs had sued, ranked first through fifth, respectively.
The plaintiffs petitioned for an order of interim injunction to prevent the first, second, third, and fourth defendants from executing their threat to remove the national secretary (Anyanwu). The plaintiffs sought five reliefs in their prayer.
They claimed that while the motion was being heard and the outcome of the notice was being determined, this went against the terms of Article 47 (1) of the PDP Constitution (as revised in 2017).
They contended that Anyanwu had a right to hold office until December 9, 2025, having been properly elected on December 10, 2021.
They claimed that it would be against the party constitution and impossible to remove an elected national official of the first defendant from office in any way without the officer’s resignation.
However, the party’s leadership claimed in the first, second, third, and fourth defendants’ counter-affidavit that Anyanwu had requested for a leave of absence in order to focus on his election as the PDP candidate for governor of Imo on November 11, 2023, in contrast to the plaintiffs’ contention.
As a result, they claimed that the NWC had authorised the deputy national secretary to take over as the national secretary in accordance with Article 36(2) of the party’s constitution, in violation of the plaintiffs’ affidavit’s paragraphs 22 and 23.
Two solicitors announced their attendance for interested parties to join them in the lawsuit when the case came up for judgement.
P.O. Akpogwu stood in for Hon. S.K.E. Ude-Okoye, the party’s national secretary, while G.E. Ejekela announced the appearance of Dr. Ali Odefa, the national vice chairman of the PDP’s South East.
However, Musa, the plaintiffs’ attorney, brought Ude-Okoye’s joinder application to the court’s notice.
The senior attorney noted that despite the motion being submitted just now, he had already answered it.
But he complained about the procedure since the exhibits that were attached to the one that was served to him were not the same as the exhibits that were attached to those that were served to other parties.
Following a protracted legal battle, Akpogwu requested to withdraw the move for joinder. The plaintiffs’ attorney requested N1 million in fees; however, the judge fined the attorney N100, 000 for submitting an improper process.
Ejekela stated in his move for joinder on Odefa’s behalf that the Dec. 22, 2023, application was submitted on Dec. 27, 2023. He asked that their plea be granted by the court.
Musa, however, disagreed with the plea and said a counter-affidavit was submitted.
He urged the court to dismiss the motion, claiming it was an attempt to halt the judgement and an abuse of the legal system.
After that, Justice Ekwo put the case on hold for a decision and ruling.
The judge rendered the decision, dismissing Odefa’s motion on the grounds that it was procedurally abusive and lacked merit.
Ekwo’s ruling stated that the plaintiffs had proven, through reliable proof, that the PDP leadership had threatened and had removed the party’s national secretary without following the party’s constitution.
“It is the court’s responsibility to stop it from occurring.
The plaintiffs are not need to wait for the First through Fourth defendants to fulfil their threat before pursuing legal action.
He declared, “In such a case, the court must grant the reliefs requested by the plaintiffs.”
