The Supreme Court on Friday, ruled that no court had the power to decide who became officers of a political party.
The court thus set aside the concurrent judgments of the Court of Appeal and Federal High Court which sacked Senator Samuel Anyanwu as National Secretary of the People’s Democratic Party (PDP). It also declined the prayer of Anyanwu to be declared as the party’s National Secretary.
A five-member panel of the apex court held in a unanimous judgment that the issue of who is the National Secretary of the PDP is an internal affairs of a political party which is not justiciable.
Justice Jamilu Tukur, who delivered the lead judgment of the Supreme Court consequently struck out the judgment of the trial court delivered in October 2024 and also set aside the majority judgment of the Court of Appeal which had, in December last year affirmed the sack of Anyanwu as PDP’s National Secretary.
Justice Tukur subsequently affirmed the minority judgment of the appellate court delivered by Justice Ekanem, which had nullified the judgment of the trial court on account of lack of jurisdiction.
Besides, the apex court held that the plaintiff, Aniagu Emmanuel, who filed the suit at the trial court lacked the necessary legal standing to do so, since he did not show how he was affected by who is the National Secretary of the PDP.
The apex court had, on March 10 reserved judgment in the matter after taking arguments from Anyanwu’s counsel, Kingsley Njemanze, SAN and Chief Paul Erokoro, SAN who stood for Aniagu Emmanuel.
Anyanwu who was removed from office on account of his resignation to contest the last Imo state governorship election which he lost had sued the PDP leadership for preventing him from continuing in office as the PDP National Secretary, having lost his governorship ambition.
Anyanwu had urged the Supreme Court to void and set aside the concurrent judgments of the the Federal High court and that of the Court of appeal in Enugu which removed him as PDP National Secretary.
He insisted that, having lost his governorship ambition in the Imo state governorship election in 2023, he should be allowed to stage a come back to retain the same office he resigned from.
However, Chief Paul Erokoro, SAN, who represented Aniagu Emmanuel told the apex court that Anyanwu’s prayer violated the Constitution of the PDP adding that, having resigned as the National Secretary to contest another election, he cannot be allowed to return to the office.
PDP and Ambassador Illiya Damagun who are the 2nd and 3rd respondents in the appeal did not file any process for or against Anyanwu’s suit but, the 4th respondent, Ali Odeifa objected to Anyanwu’s bid to return to the office of the National Secretary of the PDP.
Odeifa, through his counsel, Okwudili Anozie urged the apex court to dismiss Anyanwu’s suit for being frivolous, baseless and lacking in merit.
In an enquiry by Justice Emmanuel Akomaye Agim to know whether Supreme Court has jurisdiction in the leadership of the PDP, Erokoro said, the Court had not been consistent in its decisions on such matters and drew the attention of the Court to the matter of a former National Chairman of the PDP, Senator Alimodu Sheriff on the same leadership dispute where he said, the Supreme Court assumed jurisdiction and delivered judgment that settled the matter against Sheriff.
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It would be recalled that, the Federal High Court and the Court of Appeal in Enugu had, in their concurrent judgments removed Anyanwu as PDP National Secretary.
The appellate Court sitting in Enugu had last December upheld a High Court decision that sacked Anyanwu as the National Secretary of the PDP and subsequently affirmed Chief Sunday Ude-Okoye as the substantive National Secretary of the party.
In the lead judgment delivered by Justice Ridwan Abdullahi, the Court of Appeal held that Anyanwu‘s appeal was incompetent and lacking in merit.
According to the appellate court, the appellant violated the PDP’s constitution by laying claim to the National Secretary position having contested and emerged as the PDP candidate in the 2024 governorship election in Imo State.
Dissatisfied, Anyanwu last month approached the apex court to set aside the judgment of the two lower courts and recognize him as the authentic National Secretary of the PDP.
and then