Federal High Court Affirms Sen. Samuel Anyanwu as the Legitimate National Secretary of PDP
The Federal High Court, Abuja, has declared Senator Samuel Anyanwu as the valid National Secretary of the People Democratic Party (PDP).
Justice Inyang Ekwo, in a judgement, further restrained 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 Dec. 9, 2025, in line with the party’s constitution.
The court 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.
It 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).”
The Court had on November 23, 2023, 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 Dr Joshua Musa (SAN), on behalf of two members of the party; Geoffrey Ihentuge and Apollo’s Godspower.
The plaintiffs had sued the PDP; Umar Damagun, party’s acting national chairman; National Executive Committee (NEC); the National Working Committee (NWC) and INEC as 1st to 5th defendants respectively.
They sought five reliefs, prayed for an order of interim injunction, restraining the 1st, 2nd, 3rd, and 4th defendants from carrying out the threat to remove the national secretary (Anyanwu).
This, they said, was in violation of 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 Anyanwu was duly elected on Dec. 10, 2021, and was entitled to remain in office till Dec. 9, 2025.
Delivering the ruling, Justice 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 1st to 4th defendants carry out their threat before coming to seek redress. In such situation, the court is bound to grant the reliefs sought by the plaintiffs”, the court held.
