Anyanwu Remains PDP National Secretary, Court Declares

Chuks Okocha and Alex Enumah in Abuja

Justice Inyang Ekwo of the Federal High Court, Abuja, yesterday, declared that Senator Samuel Anyanwu remainedthe valid National Secretary of the Peoples Democratic Party (PDP).

Subsequently, Justice Ekwo, issued an order of injunction, restraining the national leadership of the PDP from appointing any person in acting capacity when Anyanwu’s four-year tenure as National Secretary was still running and subsisting until December 9, 2025, in line with the party’s constitution. 

Delivering judgment in the suit filed by two chieftains of the PDP, the court in addition declared that any meeting held or resolution reached by the PDP to prematurely remove or prevent Anyanwu from exercising the powers of his office would be in violation of Article 47 (1) of the PDP Constitution (as amended in 2017), hence, becomes null and void and of no effect. 

Ekwo further 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 filed and argued by Dr Joshua Musa, SAN, on behalf of two members of the party; Geoffrey Ihentuge, PDP’s Chairman of Ikeduru Local Government Council and Apollos Godspower, PDP chairman in Owerri Municipal Local Government both in Imo State.

The plaintiffs had sued the PDP; Acting National Chairman, Umar Damagun; National Executive Committee (NEC); the National Working Committee (NWC) and INEC over alleged threat to remove Anyanwu as national secretary.

Their grouse was that the move violated Article 47 (1) of the Constitution of the PDP (as amended in 2017).

According to the plaintiffs, Anyanwu was duly elected on December 10, 2021, and was entitled to remain in office till December 9, 2025.

They submitted 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.

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 that 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.

Delivering judgment, Justice Ekwo observed 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.

“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 situation, the court is bound to grant the reliefs sought by the plaintiffs,” the court held.