- Court issued an order restraining the national leadership of the PDP from appointing any person as acting National Secretary when Anyanwu’s four-year tenure is still running
A Federal High Court in Abuja declared on Tuesday, January 9, that Samuel Anyanwu remains the valid national secretary of the Peoples Democratic Party (PDP).
In a judgement, Justice Inyang Ekwo issued an order 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.
Justice Ekwo 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.
He 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).”
Justice Ekwo held that the plaintiffs were 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.
He said: “The court is duty-bound to prevent that from happening. The plaintiffs do not have to wait until the 1st — 4th 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.”
Earlier before the judgment, Justice Ekwo rejected two motions for joinder filed on behalf of the National Vice Chairman of the PDP (South East) Ali Odefa and S.K.E. Ude-Okoye described as the party’s National Secretary.
The judgment was on the suit marked: FHC/ABJ/CS/1580/2023 filed by Geoffrey Ihentuge and Apollos Godspower.
Ihentuge is the chairman of the PDP in Ikeduru local government, while Godspower is the PDP chairman in Owerri Municipal Local Government, both in Imo State.
Listed as defendants were the PDP; the party’s Acting National Chairman, Umar Damagun; the National Executive Committee (NEC); the National Working Committee (NWC) and the Independent National Electoral Commission (INEC).
The plaintiffs had argued, among others that the threat by the PDP’s National leadership to remove Anyawu from office 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 Anyanwu was duly elected on Dec. 10, 2021, and was entitled to remain in office till Dec. 9, 2025.
The plaintiffs further argued that an elected national officer of the PDP “cannot be arbitrarily removed from office in any manner without his resignation and in breach of the party’s constitution.”
However, in a counter affidavit, the defendants stated that contrary to the plaintiffs’ argument, Anyanwu applied for leave of absence to enable him to concentrate on his election as the PDP candidate in the Imo governorship poll which took place on November 11 last year.
The defendants added that the party’s NWC approved that the Deputy National Secretary should act in place of the National Secretary as provided in Article 36(2) of the party’s constitution.
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