The Independent National Electoral Commission (INEC) on Thursday requested the Abuja Division of the Federal High Court to dismiss the lawsuit filed by Senator Samuel Anyanwu, which challenges his removal as the National Secretary of the Peoples Democratic Party (PDP).
In its counter-affidavit, filed in opposition to the suit, INEC argued that it would be in the best interest of justice for all parties involved to wait for the outcome of the appeal already pending before the Supreme Court. INEC emphasized that, in accordance with its powers and its Regulations, Guidelines, and Manuals, all correspondence between it and political parties must be signed by both the National Chairman and National Secretary of those parties.
The electoral body further clarified that it had refrained from commenting on Anyanwu’s legal action, noting, “The 1st defendant did not intend to engage in issues with the plaintiff until the appeal at the Supreme Court is resolved.” INEC also pointed out that the court’s jurisdiction was limited in matters involving the internal affairs of political parties.
At the resumed hearing, INEC’s counsel, Mr. Ahmed Mohammed, highlighted the counter-affidavit filed by his client on March 7. Other defendants also filed preliminary objections questioning the competence of the suit. Chief Udeh-Okoye Enemchukwu, who has been endorsed by the party as Anyanwu’s replacement, informed the court that all parties had submitted their respective briefs of argument to the Supreme Court.
Chief Udeh-Okoye, who serves as the 4th defendant, told the court that Senator Anyanwu had lost his position as National Secretary of the PDP following concurrent judgments by both the High Court and the Court of Appeal in Enugu. He explained that despite Anyanwu’s election at the PDP National Convention on October 30, 2021, Anyanwu had to vacate the office after being nominated as the party’s gubernatorial candidate in Imo State in 2023. According to the PDP Constitution, Anyanwu’s refusal to step down violated party rules, leading to the Board of Trustees (BOT) raising the issue with the National Chairman.
The South East zone of the PDP had nominated Chief Udeh-Okoye to serve the remainder of Anyanwu’s term after his failure to vacate office, and the BOT endorsed this nomination. Chief Udeh-Okoye argued that the ongoing litigation stemmed from his nomination and reaffirmed that the Supreme Court is currently handling the matter.
He stated that, should the Supreme Court rule in Anyanwu’s favor, he would remain the PDP National Secretary.
The matter was adjourned until March 25, 2025, when the court will hear all preliminary objections and the substantive suit. Senator Anyanwu had previously approached the court, seeking to stay the execution of the judgments that ousted him from office.
It should be noted that the Court of Appeal in Enugu had, in December 2024, upheld a High Court judgment that removed Senator Anyanwu and recognized Chief Udeh-Okoye as the party’s National Secretary, ruling that Anyanwu’s continued tenure violated the PDP Constitution due to his candidacy in the 2023 Imo State governorship election.
Dissatisfied with the rulings, Anyanwu filed an appeal, which is awaiting judgment from the Supreme Court. The PDP’s BOT and National Working Committee (NWC) have endorsed Chief Udeh-Okoye as the National Secretary in line with the prevailing legal judgments, though Anyanwu has rejected their decisions, maintaining that the position remains in dispute.
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