A Federal High Court in Abuja on Wednesday, declined to grant an application filed by Sen. Samuel Anyanwu seeking to stop his planned removal as National Secretary
By Taiye Agbaje
A Federal High Court in Abuja on Wednesday, declined to grant an application filed by Sen. Samuel Anyanwu seeking to stop his planned removal as National Secretary, Peoples Democratic Party (PDP).
Justice Inyang Ekwo, in a ruling on Anyanwu’s motion ex-parte moved by his lawyer, Ken Njemanze, SAN, rather ordered him to put the defendants on notice to show cause in the next adjourned date why his prayers should not be granted.
The News Agency of Nigeria (NAN) reports that Anyanwu, in the fresh suit named the Independent National Electoral Commission (INEC) and Ambassador Umar Damagun, the acting National Chairman of PDP, as 1st and 2nd defendants.
In the motion ex-parte, marked: FHC/ABJ/CS/254/2025 dated and filed on Feb. 13 by Njemanze, Anyanwu sought two prayers.
He sought 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.
He also sought 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.
Anyanwu, in the affidavit in support of the motion, said he was the party’s national secretary.
He said he was duly elected as the national secretary at the PDP’s National Convention held on Oct. 30 and Oct. 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 national secretary, he and Damagun (2nd 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 1st defendant without my signature,” he said.
Anyanwu listed the correspondence, notices, written submissions etc., 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 Dec. 22, 2023, the Enugu State High Court delivered judgment in suit number: . E/882/2023 between Aniagu Emmanuel vs. PDP & Ors which touched on the position of the national secretary of the party.
Dissatisfied with the said judgment, he and the PDP filed separate and distinct appeals to the court of appeal.
He said the appeal court dismissed the appeals filed by him and PDP and he and the party had 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.
He said he timeously compiled and transmitted the record of appeal, and the appeal had been entered in the Supreme Court as appeal number: SC/CV/18/ 2025 between Sen. Samuel N. Anyanwu vs. Aniagu Emmanuel & Ors.
Anyanwu averred that the application for stay of execution and injunction pending appeal filed by the PDP came up for hearing on Jan. 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 incumbent 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 begged the court.
Anyanwu urged the court to grant his prayers in the interest of justice.
After hearing Njemanze’s submission, Justice Ekwo, held that it would be appropriate for INEC and Damagun to be put on notice for them to come and show cause why the reliefs should not be granted.
Justice Ekwo directed the plaintiff to serve the court processes on the two defendants and fixed Feb. 24 for the case to be heard.
“Upon hearing the learner silk for the plaintiff/applicant’s motion ex-parte and upon studying the prayers and the averments in the affidavit and the exhibits, I am of the opinion that a case of urgency has been established.
“The plaintiff/applicant should put the respondents on notice within two days of this order,” he said.
The judge, who also ordered that the processes in the suit should be served on the respondents within two days of the order, adjourned the matter until Feb. 24 for the respondents to show cause.(NAN)
