Kehinde Fajobi
The Supreme Court has set March 10 for the hearing of an appeal by the embattled National Secretary of the Peoples Democratic Party (PDP), Samuel Anyanwu, who is challenging his removal from office.
Anyanwu, through his counsel, Ken Njemanze (SAN), is appealing the December 20, 2024, ruling of the Court of Appeal, Enugu Division, which upheld a High Court judgment recognising Sunday Udey-Okoye as PDP’s National Secretary.
Dissatisfied with the ruling, Anyanwu is urging the Supreme Court to overturn the decision.
The respondents in the case include Aniagu Emmanuel, the PDP, Ambassador Iliya Damagun (PDP National Chairman), and High Chief Ali Odefa (PDP National Vice Chairman, Southeast).
In his appeal, Anyanwu argues that the lower court erred in assuming jurisdiction over a matter concerning PDP’s internal affairs.
He maintains that party leadership disputes are non-justiciable and outside the court’s jurisdiction.
He also faults the Court of Appeal for failing to determine whether the plaintiff, Emmanuel, exhausted the PDP’s internal dispute resolution mechanisms before filing the suit.
Additionally, he challenges the ruling that the plaintiff had the legal standing to initiate the case.
Anyanwu further contends that the lower court misinterpreted Section 84(12) of the Electoral Act 2022, arguing that he neither resigned nor was lawfully removed from office.
He insists that the PDP constitution prescribes a four-year single term for party officers and that no valid grounds existed for the lower courts’ decision.
Rejecting the characterisation of his role as a “political appointment,” he argues that PDP officers are not public officeholders unless elected or officially appointed to government positions.
Anyanwu is asking the Supreme Court to set aside the Court of Appeal’s ruling and award costs against the respondents.
During Tuesday, February 18, proceedings, Justice Ibrahim Saulawa, who presided over the five-member panel, addressed a duplication of legal representation for the PDP.
“You people should sort yourselves out. The court cannot and will not by any means get into the issue of choosing a counsel for a party,” he stated.
Joshua Musa (SAN), representing the PDP National Chairman, clarified that he had been authorised to also represent the party.
The court resolved the issue by allowing Musa to lead, with Okwudili Anozie listed as co-counsel.
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Njemanze then requested an accelerated hearing, noting that the appellant had filed his brief of argument on February 4.
Musa responded that his clients had filed a notice of non-contestation on February 5 and would not oppose the appeal.
However, first respondent counsel Paul Erokoro requested until Friday to submit his brief. The court ordered all respondents to file their arguments by Friday and the appellant to respond by Monday.
The case was adjourned to March 10 for hearing.