Babatunji Wusu –
The Peoples Democratic Party (PDP) has been handed a restraining order by a Federal High Court (FHC) in Abuja, preventing the party from replacing Sen. Samuel Anyanwu as national secretary until the substantive matter is heard and adjudicated.
On Thursday, Justice Inyang Ekwo issued a decision in response to an ex-parte motion filed by Joshua Musa, SAN. The matter has been adjourned until December 4 to hear the move on notice. In the complaint filed by Geoffrey Ihentuge and Apollo’s Godspower, the PDP, Umar Aliyu Damagun (acting National Chairman), National Executive Committee (NEC), National Working Committee (NWC), and Independent National Electoral Commission (INEC) are named as defendants.
The motion was filed in accordance with the FHC (Civil Procedure) Rules 2019, notably Orders 26 and 28, Rules 1 and 2, as well as the court’s inherent authority.
The plaintiffs seek five different types of relief, including an injunction to prohibit the defendants from dismissing the national secretary (Anyanwu). While the move on notice is being heard and determined, he claims that this action breaches Article 47 (1) of the PDP Constitution (as revised in 2017).
They sought a court injunction to prevent the PDP and its executives from interfering with Anyanwu’s obligations as an elected national officer, as specified in Article 36(1) of the party’s Constitution.
They also sought an interim injunction to prevent any anyone from being appointed as the party’s acting national secretary while Anyanwu’s tenure is still in effect until December 9, 2025, or until the motion on notice is heard and decided.
Furthermore, they asked for an injunction to prevent INEC (5th defendant) from recognizing any supposed appointment of a person other than Anyanwu as the PDP’s national secretary, whether in an acting capacity or otherwise. Anyanwu’s four-year term will be extended to December 9, 2025, pending the hearing and decision on the motion on notice, among other demands.
The plaintiffs stated in a 16-point argument that, according to Article 47(1) of the PDP Constitution, executive committees at all levels have a four-year tenure beginning with the inauguration date.
They contended that Anyanwu was legitimately elected on December 10, 2021, and was therefore entitled to serve until December 9, 2025.