On Tuesday, the Abuja Division of the Federal High Court declared Samuel Anyanwu as the valid national secretary of the Peoples Democratic Party (PDP).
Justice Inyang Ekwo, in a judgment, made an order of injunction, restraining the national leadership of the PDP from appointing any person as acting national secretary when Anyanwu’s four-year tenure is still running and subsisting until December 9, 2025, in line with the party’s constitution.
Mr Ekwo also declared that any meeting held or resolution reached by the party to prematurely remove or prevent Anyanwu from exercising the powers of his office would violate Article 47 (1) of the PDP Constitution (as amended in 2017), hence, becomes null and void and of no effect.
The judge also restrained the Independent National Electoral Commission (INEC) “from recognising any purported appointment of any person as national secretary of the party whether in acting capacity or otherwise other than Anyanwu, the elected national secretary of the 1st defendant (PDP).”
On November 23, 2023, the court stopped the PDP from removing Anyanwu as national secretary pending the hearing and determination of the substantive matter.
The order followed an ex-parte motion by Joshua Musa on behalf of two members of the party: Geoffrey Ihentuge and Apollo’s Godspower.
While Ihentuge is the Ikeduru LG chairman of the PDP in Imo, Godspower is the PDP chairman of the state’s Owerri Municipal LGA.
The plaintiffs had sued the PDP, Umar Damagun, the party’s acting national chairman, the National Executive Committee (NEC), the National Working Committee (NWC) and INEC as first to fifth defendants, respectively.
The plaintiffs, who sought five reliefs, prayed for an order of interim injunction, restraining the first, second, third, and fourth defendants from carrying out the threat to remove the national secretary (Mr Anyanwu).
They said this violated the provisions of Article 47 (1) of the Constitution of the PDP (as amended in 2017) pending the hearing and determination of the motion on notice.
They argued that Mr Anyanwu was duly elected on December 10, 2021, and was entitled to remain in office till December 9, 2025. They said an elected national officer of the first defendant cannot be arbitrarily removed from office in any manner without his resignation and in breach of the party’s constitution.
But in the first, second, third and fourth defendants’ counter affidavit, the party’s leadership averred that contrary to the plaintiffs’ argument, Mr Anyanwu applied for leave of absence to enable him to concentrate on his election as PDP candidate in the Imo governorship poll which took place on November 11, 2023.
They, therefore, said that contrary to Paragraphs 22 and 23 of the plaintiff’s affidavit, the NWC approved the deputy national secretary to act in place of the national secretary as provided for in Article 36(2) of the party’s constitution.
Meanwhile, when the matter was called for judgment, two lawyers announced an appearance for parties interested in joining the suit.
While G.E. Ejekela announced an appearance for Dr Ali Odefa, the national vice chairman of South East of PDP, P.O. Akpogwu represented S.K.E. Ude-Okoye, who was listed as national secretary of the party.
But the plaintiffs’ counsel, Mr Musa, called the court’s attention to Ude-Okoye’s motion for joinder filed on his behalf.
The senior lawyer said he had responded to the motion that was filed Monday. However, he faulted the process on the grounds that the exhibits attached to the one served on him differed from those attached to other parties.
After many arguments, Mr Akpogwu applied to withdraw the motion for joinder, and the plaintiffs’ lawyer sought a cost of N1 million. But the judge awarded an N100,000 fine against the lawyer for filing an untidy process.
Moving his motion for joinder on Odefa’s behalf, Mr Ejekela said the application dated December 22, 2023, was filed on December 27, 2023. He urged the court to grant their prayer.
But Mr Musa opposed the plea and said a counter affidavit had been filed. He argued that the application was an attempt to arrest the judgment, urging the court to dismiss it for constituting an abuse of the court process.
Mr Ekwo then stood down the matter for ruling and judgment. Delivering the ruling, the judge dismissed Mr Odefa’s motion for lack of merit and for being an abuse of court process.
In his judgment, Mr Ekwo held that the plaintiffs had been able to demonstrate, with credible evidence, the threat and move by the PDP leadership to remove its national secretary without due compliance with the provisions of the party’s constitution.
“The court is duty-bound to prevent that from happening. The plaintiffs do not have to wait until the first to fourth defendants carry out their threat before coming to seek redress.
“In such a situation, the court is bound to grant the reliefs sought by the plaintiffs,” he said.
(NAN)
