Justice Inyang Ekwo of a Federal Excessive Court docket sitting in Abuja, on Tuesday, declared Senator Samuel Anyanwu because the legitimate nationwide secretary of the Peoples Democratic Social gathering (PDP).
Delivering judgment in a go well with filed by two members of the PDP, Geoffrey Ihentuge and Apollos Godspower, Justice Ekwo
made an order of injunction, restraining the nationwide management of the PDP from appointing any particular person as performing nationwide secretary when Anyanwu’s four-year tenure remains to be working and subsisting till December 9, 2025, consistent with get together’s structure.
Justice Ekwo additionally declared that any assembly held or decision reached by the get together to prematurely take away or stop Anyanwu from exercising the powers of his workplace could be in violation of Article 47 (1) of the PDP Structure (as amended in 2017), therefore, turns into null and void and of no impact.
The choose additionally restrained the Impartial Nationwide Electoral Fee (INEC) “from recognising any purported appointment of any particular person as nationwide secretary of the get together whether or not in performing capability or in any other case aside from Anyanwu, the elected nationwide secretary of the first defendant (PDP).”
It will be recalled that Justice Ekwo had, in November final yr, stopped the PDP from eradicating Anyanwu as nationwide secretary pending the listening to and willpower of the substantive matter.
The order adopted an ex-parte movement moved by Dr Joshua Musa (SAN), on behalf of two plaintiffs, who’re members of the get together.
Whereas Ihentuge is the Ikeduru Native Authorities chairman of the PDP in Imo, Godspower is the PDP chairman in Owerri Municipal Native Authorities of the state.
The plaintiffs listed the PDP, Umar Damagun, the get together’s performing nationwide chairman; Nationwide Government Committee (NEC), the Nationwide Working Committee (NWC), and INEC as 1st to fifth defendants respectively.
The plaintiffs, who sought 5 reliefs, prayed for an order of interim injunction, restraining the first, 2nd, third, and 4th defendants from finishing up the menace to take away the nationwide secretary (Anyanwu) towards the provisions of Article 47 (1) of the Structure of the PDP (as amended in 2017) pending the listening to and willpower of the movement on discover.
They argued that Anyanwu was duly elected on December 10, 2021, and was entitled to stay in workplace until December 9, subsequent yr.
They advised the courtroom that, an elected nationwide officer of the PDP can’t be arbitrarily faraway from workplace in any method with out his resignation and in breach of the get together’s structure.
However within the 1st, 2nd, third, and 4th defendants’ counter affidavit, the get together’s management averred that opposite to the plaintiffs’ argument, Anyanwu utilized for go away of absence to allow him to focus on his election as PDP candidate within the Imo governorship ballot which befell on November 11, 2023.
They, due to this fact, mentioned that opposite to Paragraphs 22 and 23 of the plaintiff’s affidavit, the NWC authorised the deputy nationwide secretary to behave rather than the nationwide secretary as offered for in Article 36(2) of the get together’s structure.
In the meantime, when the matter was known as for judgment, two legal professionals introduced look for events to be joined within the go well with.
Whereas G.E Ejekela introduced look for Dr Ali Odefa, the nationwide vice chairman of South East of the PDP, P.O. Akpogwu represented Hon S.Okay.E. Ude-Okoye, who was listed as nationwide secretary of the get together.
Plaintiffs’ counsel, Musa, known as the eye of the courtroom to Ude-Okoye’s movement for joinder filed on his behalf.
The senior lawyer mentioned although the movement was filed yesterday, he had responded to it and nevertheless, faulted the method on the grounds that the reveals hooked up to the one served on him had been totally different from the reveals hooked up to different events.
After a lot arguments, Akpogwu utilized to withdraw the movement for joinder and the plaintiffs’ lawyer sought a value of N1 million however the choose awarded an N100,000 tremendous towards the lawyer for submitting an untidy course of.
Shifting his movement for joinder on Odefa’s behalf, Ejekela urged the courtroom, within the software filed on December 27, 2023, to grant their prayer.
However Musa, who opposed the plea, argued in a counter affidavit that the applying was an try to arrest the judgment, urging the courtroom to dismiss it for constituting an abuse of courtroom course of.
In his ruling, Justice Ekwo dismissed Odefa’s software for missing in advantage and for being an abuse of courtroom course of and additional held in his judgment that, the plaintiffs had been in a position to exhibit, with credible proof, the menace and transfer by the PDP management to take away its nationwide secretary with out due compliance with the provisions of the get together’s structure.
“The courtroom is duty-bound to stop that from occurring. The plaintiffs would not have to attend till the first — 4th defendants perform their menace earlier than coming to hunt redress.
“In such scenario, the courtroom is sure to grant the reliefs sought by the plaintiffs,” Justice Ekwo held.