Court Stops PDP’s Move to Remove Anyanwu as National Secretary

Chuks Okocha in  Abuja

There is reprieve for the embattled National Secretary of the Peoples Democratic Party (PDP), Senator Samuel Anyanwu, as a Federal High Court in Abuja has restrained the party from removing him as national secretary pending the hearing and determination of the substantive matter.

The acting National Chairman of the PDP, Ambassador Illya Damagum, had last week asked Anyanwu and another contender to the office of the national secretary to vacate the conflicting court orders on who is the authentic national secretary of the party 

Justice Inyang Ekwo in a ruling granted the ex parte motion moved by Joshua Musa, SAN, on Thursday, a copy of the order made available to THISDAY.

Justice Ekwo subsequently adjourned the matter until December 4,2023, for a hearing of the motion on notice.

It was reliably gathered that two members of the party, Geoffrey Ihentuge and Apollo’s Godspower, had sued the PDP, Umar Aliyu Damagun (acting National Chairman), and the National Executive Committee (NEC) as 1st to 3rd defendants.

Others are the National Working Committee (NWC) and the Independent National Electoral Commission (INEC) as 4th to 5th defendants, respectively.

The motion was brought pursuant to Order 26, Rules 2 and 6, and Order 28, Rules 1 and 2 of the FHC (Civil Procedure) Rules, 2019 and under the inherent jurisdiction of the court.

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).

This, he said, is a 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 sought an order restraining the PDP and its executives from preventing Anyanwu from discharging his functions as an elected national officer as contained in Article 36(1) of the Constitution of the party.

They also sought an order of interim injunction restraining them from appointing any person as acting national secretary of the party when Anyanwu’s tenure is still running and subsisting until December 9, 2025, pending the hearing and determination of the motion on notice.

They equally sought an order restraining INEC (5th defendant) from recognising any purported appointment of any person as PDP’s national secretary, whether in acting capacity or otherwise, other than Anyanwu, whose tenure of four years was still running and subsisting until December 9, 2025, pending the hearing and determination of the motion on notice, among others.

They argued that Anyanwu was duly elected on December 10, 2021, and was entitled to remain in office till December 9, 2025.

They said that 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.

They argued that there must be a vote of no confidence as required by Article 47(3) of the party’s constitution proposed or moved at a national convention before a national officer like Anyanwu could be removed from office, among other arguments.

Justice Ekwo granted the prayers after the motion was moved.

It was reported that Anyanwu was the PDP candidate in the November 11 Imo governorship election, where Senator Hope Uzodinma of the All Progressives Congress (APC) was re-elected.

The PDP’s NWC had on November 14 asked Anyanwu to step aside and directed Setonji Koshoedo to take over as acting national secretary.

Until his appointment, Koshoedo was the deputy national secretary.

PDP acting National Chairman, Damagum, who announced after the NWC meeting, explained that Koshoedo’s appointment was pending the resolution of the issues.

Arising from its South-east Zonal Executive Committee meeting held in Enugu on October 20, PDP National Vice Chairman, Ali Odefa, declared that the zone had unanimously nominated the former party National Youth Leader, Sunday Udeh-Okoye, as the new national secretary.

Consequently, a High Court in Enugu on October 23 restrained Anyanwu from parading himself as national secretary and ordered Damagum to recognise Udek-Okoye as the party’s scribe.

The order was equally reaffirmed on November 7.

Explaining the decision of the NWC, Damagum said: “Since there are conflicting court orders, we urged the two sides to stand down.

“And we have agreed and appointed the deputy national secretary to continue to act as secretary pending the time we will resolve all the issues – the conflicting court orders and resolutions of the South-east matter.”