A High Court in Enugu on October 23 restrained Anyanwu from parading himself as national secretary and ordered Damagum to recognise Udek-Okoye as the party’s scribe.
By Jeffrey Agbo
A Federal High Court in Abuja has ordered the Peoples Democratic Party (PDP) to halt its move to remove Senator Samuel Anyanwu as national secretary pending the hearing and determination of the substantive matter.
Ruling on Thursday, Justice Inyang Ekwo granted the ex-parte motion moved by Joshua Musa (SAN).
NAN said it obtained a copy of the order on Friday.
Justice Ekwo subsequently adjourned the matter until December 4 for hearing of the motion on notice.
Two members of the party – Geoffrey Ihentuge and Apollos Godspower – had sued the PDP, its acting National Chairman, Umar Aliyu Damagun; and National Executive Committee (NEC) as first to third defendants.
Others are the National Working Committee (NWC) and Independent National Electoral Commission (INEC) as fourth to fifth defendants respectively.
The plaintiffs, who sought five reliefs, prayed to the court for an order of interim injunction, restraining the first, second, third and fourth defendants from carrying out the threat to remove the national secretary (Anyanwu).
They said it is a violation of the provisions of Article 47 (1) of the Constitution of the PDP (as amended in 2017) pending the hearing and determination of the motion on notice.
They sought a court order restraining the PDP and its executives from preventing Anyanwu from discharging his functions as an elected national Officer as contained in Article 36(1) of the Constitution of the party.
They argued that Anyanwu was duly elected on December 10, 2021 and was entitled to remain in office till December 9, 2025.
They said that an elected national officer of the 1st defendant cannot be arbitrarily removed from office in any manner howsoever without his resignation and in breach of the party’s constitution.
Justice Ekwo granted the prayers after the motion was moved.
Anyanwu was the PDP candidate in the November 11 Imo governorship election. Governor Hope Uzodinma of the All Progressives Congress (APC) won the election.
The PDP’s NWC had on November 14 asked Anyanwu to step aside and directed his deputy, Setonji Koshoedo, to take over as acting national secretary.
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Damagum explained that Koshoedo’s appointment was pending the resolution of the issues.
Arising from its South-East Zonal Executive Committee meeting held in Enugu on October 20, PDP National Vice Chairman, Ali Odefa, declared that the zone had unanimously nominated the former party National Youth Leader, Sunday Udeh-Okoye, as the new national secretary
Consequently, a High Court in Enugu on October 23 restrained Anyanwu from parading himself as national secretary and ordered Damagum to recognise Udek-Okoye as the party’s scribe.
The order was equally reaffirmed on November 7.
Explaining the decision of the NWC, Damagum said: “Since there are conflicting court orders, we urged the two sides to stand down.
“And we have agreed and appointed the deputy national secretary to continue to act as secretary pending the time we will resolve all the issues; the conflicting court orders and resolutions of the southeast matter.”