A Federal High Court sitting in Abuja has declared Senator Samuel Anyanwu as the valid national secretary of the Peoples Democratic Party (PDP).
In a judgement on Tuesday, Justice Inyang Ekwo made an order of injunction, restraining the national leadership of the PDP from appointing any person as acting national secretary until the expiration of Anyanwu’s tenure in December 2025.
Justice Ekwo also 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 be in violation of Article 47 (1) of the PDP Constitution (as amended in 2017), hence, becomes null and void and of no effect.
The presiding judge also restrained the Independent National Electoral Commission (INEC) from recognising any “purported appointment” of any person as national secretary of the PDP whether in acting capacity or otherwise other than Anyanwu, the elected national secretary of the 1st defendant (PDP).
On November 23, 2023, the court had 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 Dr Joshua Musa (SAN) on behalf of two members of the party — Geoffrey Ihentuge and Apollo’s Godspower.
While Ihentuge is the Ikeduru Local Government 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 Anyanwu.
This, they said, was in 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 argued that Anyanwu was duly elected on December 10, 2021, and was entitled to remain in office till December 9, 2025.
