A Federal High Court in Abuja yesterday declined to grant an application filed by Senator Samuel Anyanwu seeking to stop his planned removal as the National Secretary of the Peoples Democratic Party (PDP).
in a ruling on Anyanwu’s motion ex parte moved by his lawyer, Ken Njemanze (SAN), Justice Inyang Ekwo ordered the embattled PDP national scribe to put the defendants on notice to show cause in the next adjourned date why his prayers should not be granted.
“Apples Bite Magazine” reports that Anyanwu, in the fresh suit, named the Independent National Electoral Commission (INEC) and the party’s acting National Chairman, Ambassador Umar Damagun, as first and second defendants.
In the motion ex parte, dated and filed on February 13 by Njemanze, Anyanwu sought two prayers:
·An order of interim injunction restraining INEC from accepting, acting on or giving effect to any correspondence, letter, document, mail, notice, form and or written submission purported to emanate from the PDP not signed by him, pending the hearing and determination of the motion on notice for interlocutory injunction.
·An order of interim injunction restraining Damagun from dispatching to INEC any correspondence purportedly emanating from PDP signed by the acting chair and not counter-signed by him, pending the hearing of the motion on notice for interlocutory injunction filed simultaneously with this motion ex parte.
In the affidavit in support of the motion, Anyanwu insisted that he remained the party’s national secretary.
He said he was duly elected as the national secretary at the PDP’s national convention on October 30 and October 31, 2021 in Abuja.
“Since the aforesaid election, I have been performing my duties and functions as stipulated by the constitution of the PDP, extant laws and regulations,” he said.
Anyanwu averred that as PDP’s national secretary, he and Damagun (second defendant) were signatories to all correspondence, letters, mails, documents, notices, forms, and or written submissions from the party.
“All correspondence, letters, mails, documents, notices, forms and or written submissions from the PDP to the 1st defendant (INEC) cannot be acted on, implemented or given effect to by the first defendant without my signature,” he said.
Anyanwu listed the correspondence, notices, written submissions, among others, that must be signed by him to include notices of any convention, congress, conference or meetings of the party and list of candidates the party proposes to sponsor at elections.
He said on December 22, 2023, the Enugu State High Court delivered judgment in a suit between Aniagu Emmanuel vs. PDP & Ors, which touched on the position of the national secretary of the party.
Dissatisfied with the said judgment, Anyanwu said he and the PDP filed separate and distinct appeals at the Court of Appeal.
He said though the Appeal Court dismissed the appeals, he and the party appealed against the decision at the Supreme Court.
“Notices of Appeal filed by the plaintiff and the Peoples Democratic Party are annexed and marked Exhibits ‘E’ and ‘F’ respectively,” he said.
Anyanwu said he timeously compiled and transmitted the record of appeal, and the appeal had been entered in the Supreme Court as appeal between Senator Samuel N. Anyanwu vs. Aniagu Emmanuel & Ors.
The embattled national secretary averred that the application for stay of execution and injunction pending appeal filed by the PDP came up for hearing on January 13, 2025 before the Appeal Court.
He said the appellate court made a positive and unequivocal interim order that the parties should maintain the status quo ante bellum pending the hearing and determination of the motion for stay of execution and injunction pending appeal.
Anyanwu insisted that he remained the national secretary of the PDP.
According to him, his term of office has not expired.
“There are subterranean moves or attempts by the defendants to subvert my authority as National Secretary of the said political party.
“Unless restrained, the defendants would subvert my authority,” he told the court.
Anyanwu urged the court to grant his prayers in the interest of justice.
Madukwe B. Nwabuisi is an accomplished journalist renown for his fearless reporting style and extensive expertise in the field. He is an investigative journalist, who has established himself as a kamikaze reporter.
