Abuja division of the Federal High Court has declared Samuel Anyanwu as the valid national secretary of the Peoples Democratic Party (PDP).
In his judgment, yesterday, Inyang Ekwo 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 December 9, 2025, in line with the party’s constitution.
Ekwo also declared 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).” 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 Joshua Musa, on behalf of two members of the party, including Geoffrey Ihentuge and Apollo Godspower. While Ihentuge is the Ikeduru Local Government Area chairman of the PDP in Imo, Godspower is the PDP chairman in Owerri Municipal Local Government of the state.
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.
The plaintiffs, who 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).
The order followed an ex-parte motion by Joshua Musa, on behalf of two members of the party, including Geoffrey Ihentuge and Apollo Godspower. While Ihentuge is the Ikeduru Local Government Area chairman of the PDP in Imo, Godspower is the PDP chairman in Owerri Municipal Local Government of the state.
This, they said, violated the provisions of Article 47 (1) of PDP Constitution (as amended in 2017) pending the hearing and determination of the motion on notice.
They argued that 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 1st defendant cannot be arbitrarily removed from office in any manner without his resignation and in breach of the party’s constitution.
But in the 1st, 2nd, 3rd, and 4th defendants’ counter-affidavit, the party’s leadership averred that contrary to the plaintiffs’ argument, Anyanwu applied for leave of absence to enable him concentrate on his election as PDP candidate in the Imo governorship poll which took place on November 11, 2023.
They, therefore, said contrary to Paragraphs 22 and 23 of the plaintiffs’ 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 to be joined in the suit.
While G. E. Ejekela announced the appearance for 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.
Credit: The Sun
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