PDP crisis: Anyanwu triumphs, returns as party’s National Secretary

Senator Samuel Anyanwu stormed the National Secretariat of the Peoples Democratic Party (PDP) Abuja yesterday to resume work as National Secretary of the party moments after the Supreme Court set aside the December 20, 2024 majority judgment of the Court of Appeal in Enugu sacking him from the position.

Anyanwu addressed some party staff.

But his colleague on the PDP National Working Committee (NWC), Bode Ologunagba, disputed Anyanwu’s claim to victory at the apex court.

He said the fact that the Supreme Court declared that the issue of who becomes a party’s national secretary is that of party’s internal affair was an affirmation of Ude-Okoye as the rightful secretary.

Anyanwu’s lawyer, Mr. K. C. O. Njemanze (SAN), said it was a weighty matter for anyone to deliberately propagate utterly misleading versions of the judgment made by the nation’s apex court.

A five-member panel of the apex court, presided over by Justice Uwani Abba-Aji, said in its unanimous ruling that both the High Court of Enugu State and Court of Appeal in Enugu lacked jurisdiction to hear the cases that led to the appeal before them.

Justice Jamilu Tukur, in the lead judgment, held that the issues in the suit filed by Emmanuel Aniagwu at the HIgh Court of Enugu State bordered on matters relating to the internal affair of the PDP which are not justiceable and over which no courts have jurisdiction.

Justice Tukur held that it was indisputable that Aniagwu’s case before the High Court of Enugu fell squarely within the parameter of the  internal affair of a political party, which the trial court ought to have refused to entertain.

He held that the minority decision of the Court of Appeal in Enugu, delivered by Justice Joseph Ekanem was apt as it correctly applied the law to hold that the court lacked jurisdiction because the case bordered squarely on who should occupy the office of the National Secretary of the PDP.

Justice Tukur added that the trial court and the majority decision of the Court of Appeal, Enugu got it wrong when they chose to expend scarce judicial time on a case over which they have no jurisdiction.

Justice Tukur also held that Anyanwu’s participation in the last governorship election in Imo State as the candidate of the PDP was pursuant to the approval of the party’s leadership as against the claim by Aniagwu.

He equally found that Aniagwu lacked the locus standi (the legal right) to have filed the suit, having not shown the personal injury he suffered and how Anyanwu’s conduct affected him personally.Justice Tukur described Aniagwu as a busy body and an interloper whose main purpose was to ensure the installation of Ude-Okoye to replace Anyanwu and serve out what was left of his (Anyanwu’s) tenure.

The judge also noted that while Ude-Okoye was positioned to be the beneficiary of the case, Aniagwu chose not to be made a party in the suit he filed before the High Court of Enugu State.

He affirmed the minority judgment of the Enugu division of the Court of Appeal delivered by Justice Ekanem, where he held that the court was without the requisite jurisdiction to hear the case.

Justice Tukur set aside the majority decision of the Court of Appeal in Enugu, which affirmed the judgment of the High Court of Enugu State, delivered on December 22, 2023.

He proceeded to strike out the suit filed by Aniagwu before the High Court of Enugu State for want of jurisdiction.

Aniagwu’s grouse had been that by the constitution of PDP, Anyanwu could not participate in the last Imo State governorship election and still remain in office as the National Secretary of the party.

One of the prayers granted by the High Court in its December 22, 2023 judgment was the issuance of an order of perpetual injunction restraining Anyanwu from further parading himself as the National Secretary of the PDP having relinquished the said position by conduct.

The court also made an order commanding the PDP “to recognise, in all situations, for all purposes and every manner necessary, including swearing in Honourable S.K. E. Ude-Okoye, the person recommended by the South East Zonal Executive of the first defendant as the National Secretary of the first defendant to enable Ude-Okoye to serve out the time left in the tenure of Anyanwu, who was elected as the National Secretary in 2021.”

Anyanwu appealed the decision and, in its judgment on December 20, 2023, the Court of Appeal in Enugu dismissed Anyanwu’s appeal on the grounds that he was, by virtue of the provision of the PDP’s constitution and electoral guidelines, deemed to have resigned as the National Secretary of the party at the time he collected the expression of interest and nomination forms to contest the Imo governorship election.

Ologunagba, in his statement on yesterday’s ruling of the Supreme Court, said it must be seen as an affirmation of Ude-Okoye’s claim to the position of PDP National Secretary.

He said: “The National Working Committee (NWC) of the Peoples Democratic Party (PDP) has received the judgment of the Supreme Court which affirmed that the issue of Party leadership positions, including that of the National Secretary is entirely an internal affair of the Party requiring only the Party internal mechanism to which the courts have no jurisdiction.

"Today’s judgment of the Supreme Court reaffirms the standing position of the Party and emphatically settles the emergence of Rt. Hon. SKE Udeh Okoye as the substantive National Secretary of the PDP, having been duly nominated, endorsed and ratified through the internal mechanism of the PDP statutory Organs and bodies in line with provisions of the PDP Constitution (as amended in 2017).

“For clarity, the NWC at its 576th meeting held on the 11th of October, 2023, directed the South East Zonal Executive Committee to nominate a replacement for Senator Samuel Anyanwu upon Senator Anyanwu’s nomination as the governorship candidate of the PDP to contest the November 2023 governorship election in Imo State.

"Consequent upon the directive of the NWC, the South East Zonal Executive Committee at its meeting held on the 20th of October 2023 passed a resolution approving the emergence and forwarding of the name of Rt. Hon. SKE Udeh Okoye to the NWC as the National Secretary of the Party.

“Accordingly, the NWC at its 577th meeting held on 7th of November 2023 pursuant to its powers under the PDP Constitution, duly received, deliberated upon, accepted and approved the emergence of Rt. Hon. SKE Udeh Okoye as the National Secretary of the Party, which appointment has also since been endorsed by relevant Organs and bodies of the PDP including the Board of Trustees (BoT), South East Zonal Caucus, the PDP Governors’ Forum and officially communicated to the Independent National Electoral Commission (INEC) and the general public.

“The PDP commends the Supreme Court for upholding the principle of the supremacy of the Party in the management of its internal affairs, describing it as victory for democracy.”

Similar sentiments were expressed by the Southeast Zonal Executive Committee of the PDP which hailed the Supreme Court for saving the party and the nation’s democracy.

Chairman of the Zonal Executive Committee, Chief Ali Odefa, and the Zonal Secretary, Hon. James Ugwu, said in a joint statement in Enugu that the verdict “expressly ratifies the South Zonal Executive Committee’s nomination of Hon. Sunday Udeh-Okoye as the party’s National Secretary to serve-out the remaining tenure of Senator Samuel Anyanyu, who had won the party’s nomination as its flag bearer in the Imo 2023 governorship election.”

They added: “It equally validates Udeh-Okoye’s ratification by the National Working Committee (NWC) on November 7, 2023 and his endorsement by various organs of the party.

"Consequently, the South East heartily congratulates our party leaders, party faithful, and, of course, Hon. Sunday Udeh-Okoye on this momentous victory.

“We are happy that this judgment has finally reestablished party supremacy and the ramifications of this decision is a big win for not just the PDP, but for all the political parties in Nigeria. By this decision, the Supreme Court has reaffirmed that, as our people would say, the okra can never be taller than the person that planted it. The party is supreme.”

The Imo State chapter of the PDP interpreted the Supreme Court’s verdict as a victory for Anyanwu who is from the state.

It described the ruling as credible and sound.

The state’s Publicity Secretary, Lancelot Obiaku, commended Anyanwu for his courage in standing firm on the side of justice and rule of law amid “the unhealthy conspiracies and unconstitutional plots against him.”

He called on leaders and stakeholders of the party in the state and at the national level to close ranks and embrace peace for the stability and growth of the party.

Contacted last night, counsel to Anyanwu, Mr. K. C. O. Njemanze (SAN), wondered why anyone would want to misinterpret the ruling of the apex court on the matter.

He said his client clearly won his appeal.

His words: “The Supreme Court this morning being the 21st day of March 2025 delivered judgment in Appeal No: SC/CV/18/2025: Senator Smauel Anyanwu v. Aniagu Emmanuel.

"The Supreme Court in its unanimous decision/judgment allowed the appeal filed by Senator Samuel Anyanwu, set aside the majority decision of the Court of Appeal and affirmed the dissenting judgment of Hon. Justice Ekanem, JCA; the Supreme Court also struck out the suit filed by Aniagu Emmanuel at the Enugu State High Court for want of jurisdiction.

“In its judgment, the Supreme Court held that the issue for determination in the matter filed by Aniagu Emmanuel at the Enugu State High Court touch and concern leadership position in the Peoples Democratic Party i.e. the position of National Secretary of the said political party; and, therefore, that the issue of leadership being an internal affair of the PDP, the Enugu State High Court and the Court of Appeal lacked jurisdiction to entertain the said suit.

“The highest Court of the land also decided that the 1st Respondent/Plaintiff (Aniagu Emmanuel) lacked the locus standi to institute the action at the Enugu State High Court, and was a busybody and meddlesome interloper.

"Recall that Aniagu Emmanuel had instituted an action at the Enugu State High Court against the Appellant (Senator Samuel Anyanwu, the PDP & others) challenging the continued occupation of the office of National Secretary by Senator Anyanwu and contending that one S.K Udeh-Okoye having been recommended by the South-East Zonal Executive Committee should be recognized as the National Secretary of the PDP.”

Njemanze said there was no contest between Anyanwu and any other person whatsoever over who is the rightful claimant to the position of PDP National Secretary.