Court blocks PDP move to remove Anyanwu as national secretary
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The Federal High Court (FHC) in Abuja has restrained the Peoples Democratic Party (PDP) from removing Senator Samuel Anyanwu as national secretary pending a hearing and determination of substantive issues.
In his judgment, Justice Inyang Ekwo, in a copy of the order made available to the News Agency of Nigeria (NAN) on Friday, granted the ex-parte motion filed by Mr. Joshua Musa of San State on Thursday.
Justice Ekwo then adjourned the matter until December 4 for hearing of the motion on notice.
NAN reports that there are two party members. Mr. Jeffrey Ihentuge and Mr. Apollos Gods Power had sued the PDP, Mr. Umar Aliyu Damagun (Acting National Chairman) and the National Executive Committee (NEC) as the first to third defendants.
The other defendants are the National Working Committee (NWC) and the Independent National Electoral Commission (INEC), which are the fourth and fifth defendants respectively.
This motion was filed pursuant to Order 26, Rules 2 and 6. FHC (Civil Procedure) Rules, Order 28 of 2019, Rules 1 and 2 are under the inherent jurisdiction of the Court.
The five plaintiffs, who sought relief, prayed for a preliminary injunction to restrain the first, second, third and fourth defendants from carrying out their threat to remove the National Secretary (Anyangwu).
He said this was in violation of the provisions of Article 47(1) of the PDP Constitution (as amended in 2017) pending the hearing and determination of motions by notification.
They sought an injunction restraining the PDP and its executive from any action that would prevent Mr. Anyangwu from discharging his duties as an elected national officer as provided for in Article 36(1) of the party constitution.
They also issued a preliminary injunction restraining Mr. Anyanwu from appointing any person as acting national secretary, pending the hearing and determination of the notification motion, as Mr. Anyangwu’s term of office continues until December 9, 2025. He also asked for orders.
They likewise sought an order restraining INEC (the fifth defendant) from allowing anyone other than Mr. Anyanwu to be appointed as the National Secretary of the PDP, whether in an acting capacity or not. Mr. Anyanwu’s term is for four years and is pending until December 9, 2025. inter alia, the hearing and determination of motions on notice;
The plaintiffs presented 16 grounds, asserting that Article 47, Section 1 of the PDP Constitution stipulates that the term of office of the Executive Committee at all levels shall be four years from the date of its inauguration.
They argued that Anyangwu was duly elected on December 10, 2021 and is entitled to remain in office until December 9, 2025.
They said that the first respondent’s elected national officials cannot be arbitrarily removed from office in any way without resigning and violating the party constitution.
They argued that before a state official like Mr. Anyangwu can be removed from office, a vote of no confidence proposed or passed at the national convention is necessary, as required by Article 47, Section 3 of the party constitution. .
Justice Ekwo granted the prayer after the motion was moved.
The News Agency of Nigeria (NAN) reported that Mr. Anyanwu was the PDP candidate while Senator Hope Uzodinma of the All Progressives Congress (APC) was re-elected in the November 11 gubernatorial election in Imo State.
On November 14, the PDP’s NWC asked Anyanwu to resign and directed Setonji Koshoedo to take over as acting national secretary.
Mr. Koshoedo served as Deputy National Secretary until his appointment.
Speaking after the NWC meeting, Acting PDP National Chairman Damagumu explained that Koshoedo’s appointment is pending resolution of the issue.
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Source: guardian.ng