– Adjourns Matter to January 28 and February 5
A Federal Capital Territory High Court, presided over by Justice Yusuf Halilu, has issued an order restraining the Peoples Democratic Party (PDP) and its representatives from removing Senator Samuel Nnaemeka Anyanwu as the party’s National Secretary pending the hearing and determination of a motion on notice.
The court also barred the PDP, Acting National Chairman Ambassador Iliya Damagum, the National Executive Committee (NEC), the National Working Committee (NWC), the Board of Trustees (BoT), their agents, and privies from appointing Deputy National Secretary Hon. Setonji Koshoedo or any other individual to act as National Secretary until the motion is heard.
Justice Halilu issued the order in response to an ex parte application filed by Hon. Austine Nwachukwu, Chairman of the PDP in Imo State, through his counsel, Clement Mue.
The order further restrains Hon. Koshoedo from issuing notices of meetings, signing documents, or performing any functions of the National Secretary except when directed by the National Secretary or in his absence, pending the hearing of the motion.
Justice Halilu emphasized that all defendants, their agents, and privies must not interfere with the tenure of Senator Samuel Anyanwu until the motion is resolved. The matter was subsequently adjourned to January 28, 2025, for the motion on notice and February 5, 2025, for the hearing of the originating summons.
In suit number CV/64/2025, the PDP is listed as the first defendant, with Acting National Chairman Iliya Damagum, Deputy National Secretary Hon. Koshoedo, the NEC, NWC, and BoT as second to sixth defendants.
Key Issues Raised in the Suit
Hon. Nwachukwu is seeking the court’s determination on several issues:
- Legality of Replacement: Whether, under Articles 47(1) and 48(1) of the PDP Constitution (as amended) and a Federal High Court judgment in Hon. Geoffrey Ihetunge & Others v. PDP & Others (Suit No: FHC/ABJ/CS/1580/2023), the defendants can appoint anyone as National Secretary when Senator Anyanwu’s tenure remains valid until December 9, 2025.
- Authority of Deputy National Secretary: Whether the Deputy National Secretary, Hon. Koshoedo, can validly issue notices, sign documents, or perform functions of the National Secretary under Article 36(1) of the PDP Constitution when the National Secretary is neither absent nor has directed him to act.
- Tenure Security: Whether the defendants can truncate Senator Anyanwu’s tenure, given the constitutional provisions and the court’s earlier ruling.
Reliefs Sought
Hon. Nwachukwu is asking for the following declarations:
The PDP lacks the power to appoint anyone as National Secretary while Senator Anyanwu’s tenure is ongoing.
Hon. Koshoedo or any other individual cannot act as National Secretary without the directives or absence of the elected National Secretary.
The tenure of Senator Anyanwu cannot be truncated in any manner before it expires on December 9, 2025.
Justice Halilu’s ruling underscores the court’s commitment to ensuring due process and adherence to constitutional and judicial precedents in the internal affairs of political parties.
