A Federal Capital Territory(FCT) High Court has restrained the Peoples Democratic Party, PDP, and five others from removing the elected National Secretary of the party, Senator Samuel Anyanwu , pending the hearing and determination of the motion on notice before the court.
The Court also restrained the PDP, the Acting National Chairman, Ambassador Iliya Damagum, the National Executive Committee(NEC) of the PDP, the National Working Committee(NWC) of the party, Board of Trustees(BoT) of the PDP, their privies, officers, agents or servants howsoever described from directing the Deputy National Secretary, Hon. Setonji Koshoedo or any other person to act as National Secretary of the PDP, pending the hearing and determination of the motion on notice.
Justice Halilu gave the order while ruling on an ex parte application filed by the State Chairman of the PDP in Imo State, Hon. Austine Nwachukwu, through his counsel Clement Mue.
The order also restrained Hon. Koshoedo from issuing any notice of meetings of the National Executive Committee and National Working Committee respectively, signing any document or performing any function of the National Secretary of the Peoples Democratic Party except in the absence of the National Secretary and when directed by the National Secretary to so act, pending the hearing and determination of motion on notice.
The presiding judge, Justice Yusuf Halilu further restrained all the defendants, their privies, officers, agents or servants
howsoever described from truncating the tenure of office of the National Secretary, Senator Samuel Nnemeka Anyanwu in any
manner pending the hearing and determination of the Motion on
Notice.
ustice Halilu accordingly adjourned the matter to January 28,2025, for hearing of the motion on notice and to February 5th, 2025 for hearing of the originating summons.
In the suit marked CV /64/2025, the PDP is the first defendant, PDP Acting National Chairman, Iliya Damagum, the Deputy National Secretary, Hon. Koshoedo, the National Executive Committee(NEC) of the party, National Working Committee(NWC) of the PDP and the Board of Trustees(BoT) are 2nd to 6th defendants respectively.
Hon. Nwachukwu is asking the court to determine whether by the provisions of Articles 47(1) and 48(1)of the PDP Constitution(as amended) and the judgment of the Federal High Court in the case of Hon. Geoffrey Ihetunge and others against Peoples Democratic Party and four others in Suit No:FHC/ABJ /CS/1580/2023,delivered on January 9th, 2024, which is valid and subsisting, the defendants can appoint any person as Acting National Secretary of the PDP in place of Senator Samuel Anyanwu who is the elected National Secretary of the PDP and whose tenure of office shall elapse on December 9th, 2025.
He is also asking the court to determine whether having regard to the provisions of Article 36(2) of the Constitution of the PDP as amended in 2017 and the judgement of the Federal High Court in Hon. Geoffrey Ihetunge and others against PDP and 4 others in Suit No: FHC/ABJ/CS/1580/2023 delivered on January 9th, 2024, which is still valid and subsisting, the third defendant who is the Deputy National Secretary of the PDP can validly issue any notice of meetings of the National Executive Committee(NEC) of the PDP and National Working Committee(NWC) of the PDP, sign any document or perform any function assigned to the National Secretary by Article 36(1) of the Constitution of the PDP when the National Secretary is not absent and when the Deputy National Secretary is not directed by the National Secretary.
He is further asking the court to determine whether by the proper construction of Section(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999(as amended), Articles 47(1) and 48(1)of the Constitution of the PDP as amended in 2017 and the judgement in the case of Hon. Geoffrey Ihentuga and others vs PDP and 4 others in Suit No:FHC/ABJ/CS/1580/2023 delivered on the 9th of January, 2024, the defendants can in any manner truncate the tenure of office of the National Secretary of the PDP, Senator Samuel Anyanwu, whose tenure of office shall expire on the 9th of December, 2025
Hon. Nwachukwu is seeking a declaration of court that having regard to the provision that having regard to the provisions of Article 48 (1) of the Constitution of the Peoples Democratic Party (1st Defendant) as amended in 2017 and the judgment of the Federal High Court in the case of Hon. Geoffrey Ihentuge and one other against the Peoples Democratic Party and four others in Suit No: FHC/ABJ/ CS/1 580/2023, delivered on the 9th of January, 2024, the defendants have no powers to appoint any person
as National Secretary of the PDP when the tenure of the elected National Secretary, Senator Samuel Nnaemeka Anyanwu is still validly running and will only expire on the 9th December, 2025.
He is also seeking a declaration that having regard to the provisions of Article 36 (2) of the Constitution of the Peoples Democratic Party (as amended ) and the judgment of the Federal High Court in Suit No:FHC/AB.J/CS/ 1580/2023, delivered on the 9th of January, 2024, the 3rd Defendant who is the Deputy National Secretary or any other person cannot exercise authority to issue any notice of the meetings of the National Executive Committee and National Working Committee respectively, sign any document or perform any function assigned to the National Secretary by Article 36(1) of the Constitution of the PDP except in the absence of the National Secretary or
on his directives.
Hon. Nwachukwu is further seeking a declaration of court that by the provisions of Section 233(1)and (2)of the Constitution of the Federal Republic of Nigeria, 1999(as amended), Articles 48(1)and 48(1)of the Constitution of the PDP and the judgment of the Federal High Court in Suit NO:FHC/ABJ/1580/2023,delivered on January 9th, 2024, the defendants cannot in any manner truncate the tenure of the National Secretary of the PDP, Senator Samuel Anyanwu, whose tenure of office shall expire on December 9th, 2025.
