Who is Now PDP’s National Secretary?
When the ramifications of the Supreme Court verdict on PDP National Secretary tussle is well examined, it may well be said that the doctrine of party supremacy is finally settled, while Senator Samuel Anyanwu’s quest to retain the position appears to have met a brickwall, writes Deji Elumoye.
The Genesis
In the run up to the 11th November 2023 Imo State governorship poll, the then undisputed National Secretary of the Peoples Democratic Party, PDP, Senator Chris Anyanwu, threw his hat in the ring in the contest for the party’s ticket, which he ultimately clinched at the 13th January 2023 PDP governorship primary held at the party’s state secretariat in Owerri. With the withdrawal of his only challenger and former governor, Hon. Emeka Ihedioha, Anyanwu polled the votes of 803 out of the 915 delegates to emerge winner.
Consequent upon that, the PDP National Working Committee (NWC) directed the South East Zone of the party to nominate Anyanwu’s replacement in accordance with the party’s constitution. Sequel to this, PDP National Vice Chairman, South East, Chief Ali Odefa, communicated Hon. Sunday Udeh-Okoye’s nomination and appointment as Anyanwu’s replacement in a letter dated 25th October 2023.
“The Zonal Executive Committee (ZEC) meeting was convened on the 16th of October, 2023, at the Government House, Enugu.
“During the meeting, the National Vice Chairman – High Chief Dr. Ali Odefa – informed the ZEC members that the NWC has directed the Deputy National Secretary to take up the duties of the National Secretary in acting capacity. He further said the NWC has directed the South East ZEC to nominate a replacement of the former National Secretary, who is from the South East, as he is now the party’s gubernatorial candidate for Imo November 11th, 2023 governorship election- Senator Samuel Anyanwu.
“Finally, the ZEC members unanimously nominated Rt. Hon. S.K.E Udeh-Okoye from Enugu State, South East to replace Senator Sam Anyanwu as the National Secretary.”
However, Anyanwu did not tender his resignation letter before proceeding to execute his governorship election, a development he later predicated his insistence on retaining the seat of National Secretary after he lost the election.
Enter the courts
The crux of the protracted battle was whether Anyanwu should have resigned his position in accordance with Section 47 (5) of the PDP Constitution, 2017, and whether the South East Zonal Executive Committee of the PDP acted in accordance with the party’s constitution in replacing Anyanwu with Ideh-Okoye.
In a judgment he delivered in Suit No. E/882/2023 (Aniagu Emmanuel V. PDP & ORS) on 22nd December, 2023, Justice C.O Ajah of the Enugu State High Court made express and declaratory orders restraining Anyanwu “from further parading himself as the National Secretary of the 1st Defendant (PDP), having relinquished the said position by conduct”.
Secondly, the court ordered the 2nd Defendant (PDP Chairman, Ambassador Iliya Damagun), “to recognise in all situations, for all purposes, and in every manner necessary, including swearing in, Hon. S.K.E Udeh-Okoye (the person recommended by the South East Zonal Executive Committee of the 1st Defendant) as the National Secretary of the 1st Defendant, to enable the said Hon. S. K. E Udeh Okoye to serve out the time left in the tenure for which the 3rd Defendant was elected as National Secretary in 2021.”
Among others, the trial court held that there was no way the PDP Constitution (as amended) could have permitted an occupant of the office of the National Secretary to continue in office once he joined the PDP governorship ticket race, given the critical roles the office plays in the emergence of candidates, such as setting of electoral panel, appeal panel, among others.
This judgment was challenged at the Court of Appeal vide appeal No. CA/E/23/2024 filed by Anyanwu and Appeal No. CA/E/24/2024, filed by the PDP and Ambassador Damagun, both of which were heard and determined in favour of Udeh-Okoye on 20th December 2024. The Court held that it found no merit in the appeals and went ahead to dismiss them.
However, Justice Eyo Ekanam, in his minority judgment noted principally that the PDP leadership issue was an internal affair of the party and that court lacked jurisdiction to hear it in the first place.
It’s PDP’s internal affair, not justiciable -Supreme Court
Anyanwu took the matter to the Supreme Court, praying it to nullify the judgments and affirm him the substantive National Secretary. But citing lack of jurisdiction by both the Enugu State High Court and Court of Appeal, the Supreme Court, last Friday, nullified the judgments of both courts.
In a judgement delivered by Justice Jamilu Tukur, the five-member panel unanimously held that PDP National Secretary borders on the internal affairs of a party, which it said was not justiciable. It set aside both judgments. It further held that Anyanwu did not show at the trial court how he was affected by who is the National Secretary of the PDP.
Anyanwu, an ally of the FCT Minister, Nyesom Wike, immediately granted interviews before staging a triumphal entry into the office of the National Secretary of the party after the judgement, but subsequent reports, however showed that he obviously misread the judgement or was misled by his lawyers.
Supreme Court dodged a bullet – lawyer
A lawyer and activist, Frank Tietie, said the Supreme Court refused to meddle in the internal affairs of the PDP, allowing the party to continue to decide who is its National Secretary.
Analysing the judgement on Arise News TV at the weekend, Tietie said, “The Supreme Court did not allow itself to be tempted to the point of deciding which person or the party of the contending parties is now the National Secretary of the PDP. The Supreme Court made a profound pronouncement when it decided that these are political questions. Political questions are questions that the court would not want to enquire into, especially when in this case, it decides that they are internal affairs.
“It is actually very painful and it is outrightly shameful, disgraceful that the PDP that used to solve all her internal problems is now running away from solving its problem. And
the Supreme Court has made something very profound pronouncement and it is sending a message to politicians that it must stop bringing the court into unnecessary political questions that they are meant to resolve.
“The PDP must wake up and smell. In this case, it should go back and decide for itself who its National Secretary is and not turn it to the Supreme Court and give the court a bad name. The Supreme Court has actually dodged the bullet.”
PDP reaffirms Udeh-Okoye
However, already, with the ruling, Anyanwu’s fate was handed back to the PDP, which wasted no time in reaffirming Udeh-Okoye as its National Secretary.
In a statement entitled “Supreme Court Affirms Udeh-Okoye as National Secretary” issued by its National Publicity Secretary, Hon. Debo Ologunagba, PDP said, “The NWC of the PDP has received the Judgment of the Supreme Court, which affirmed that the issue of Party leadership positions, including that of the National Secretary, is entirely an internal affair of the Party requiring only the Party internal mechanism to which the courts have no jurisdiction.
“Today’s judgment of the Supreme Court reaffirms the standing position of the Party and emphatically settles the emergence of Rt. Hon. S.K.E Udeh Okoye as the substantive National Secretary of the PDP having been duly nominated, endorsed and ratified through the internal mechanism of the PDP statutory Organs and bodies in line with provisions of the PDP Constitution (as amended in 2017).
“For clarity, the NWC at its 576th meeting held on the 11th of October, 2023, directed the South East Zonal Executive Committee to nominate a replacement for Senator Samuel Anyanwu upon Senator Anyanwu’s nomination as the governorship candidate of the PDP to contest the November 2023 Governorship election in Imo State.
“Consequent upon the directive of the NWC, the South East Zonal Executive Committee at its meeting held on the 20th of October 2023 passed a resolution approving the emergence and forwarding of the name of Rt. Hon. SKE Udeh Okoye to the NWC as the National Secretary of the Party.
“Accordingly, the NWC at its 577th meeting held on 7th of November 2023 pursuant to its powers under the PDP Constitution, duly received, deliberated upon, accepted and approved the emergence of Rt. Hon. SKE Udeh Okoye as the National Secretary of the Party, which appointment has also since been endorsed by relevant Organs and bodies of the PDP, including the Board of Trustees (BoT), South East Zonal Caucus, the PDP Governors’ Forum and officially communicated to the Independent National Electoral Commission (INEC) and the general public.
“The PDP commends the Supreme Court for upholding the principle of the supremacy of the Party in the management of its internal affairs, describing it as victory for democracy.”
Likewise, in congratulating Udeh-Okoye co-signed by its Chairman, Chief Odefa, and Secretary, Hon. James Ugwu, the South East Zonal Executive Committee of the PDP equally hailed the Supreme Court judgment which expressly ratified the South East ZEC’s nomination of Hon. Sunday Udeh-Okoye as the party’s National Secretary. By this decision, the Supreme Court has reaffirmed that, as our people would say, the okra can never be taller than the person that planted it; the party is supreme.”
Udeh-Okoye has already been congratulated by the party’s BoT, while the PDP Governors’ Forum is fully with him.
As things stand now, it is both legal and logical to say that the party is over for Anyanwu. And his case is worsened by the fact that most party faithful now view him and FCT Minister like former National Chairman, Senator Ali Modus Sheriff, who many believed worked for the ruling party from the inside to implode the PDP sometime ago.
