Abuja High Court Stops PDP From Sacking Anyanwu As National Secretary

A Federal High Court (FHC) in Abuja has issued a restraining order to the Peoples Democratic Party (PDP), preventing the party from removing Sen. Samuel Anyanwu as national secretary until the substantive matter is heard and determined.

Naija News reports that Justice Inyang Ekwo ruled in response to an ex-parte motion presented by Joshua Musa, SAN, on Thursday. The court has adjourned the case until December 4 to hear the motion on notice. The PDP, Umar Aliyu Damagun (acting National Chairman), National Executive Committee (NEC), National Working Committee (NWC), and Independent National Electoral Commission (INEC) are named as defendants in the lawsuit filed by Geoffrey Ihentuge and Apollo’s Godspower.

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

The plaintiffs seek five reliefs, including an interim injunction to prevent the defendants from removing the national secretary (Anyanwu). He stated that this action violates Article 47 (1) of the PDP Constitution (amended in 2017) while the motion on notice is being heard and decided.

They requested a court order to prevent the PDP and its executives from obstructing Anyanwu’s duties as an elected national officer, as stated in Article 36(1) of the party’s Constitution.

Additionally, they sought an interim injunction to prohibit the appointment of any individual as the party’s acting national secretary while Anyanwu’s tenure is still ongoing until December 9, 2025, until the motion on notice is heard and decided.

Furthermore, they requested an order to restrain the recognition by INEC (5th defendant) of any purported appointment of a person as the PDP’s national secretary other than Anyanwu, whether in an acting capacity or otherwise. Anyanwu’s tenure of four years is still ongoing until December 9, 2025, pending the hearing and determination of the motion on notice, among other requests.

Presenting a 16-point argument, the plaintiffs argued that according to Article 47(1) of the PDP Constitution, the executive committees at all levels have a four-year tenure starting from the inauguration date.

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