By Hassanat Adebowale
The Supreme Court has reserved judgment in an appeal filed by Senator Samuel Anyanwu, challenging his removal as the National Secretary of the People’s Democratic Party (PDP). The decision to reserve judgment was announced on Monday after the court heard arguments from Anyanwu’s counsel, Kingsley Njemanze, SAN, and Paul Erokoro, SAN, who represented Aniagu Emmanuel.
Justice Uwani Aba-Aji, who led the five-member panel of justices, stated that the date for delivering the judgment would be communicated to all parties once it is ready.
Anyanwu was removed from his position following his resignation to contest the Imo State governorship election, which he ultimately lost. He subsequently filed a suit against the PDP leadership, arguing that he should be reinstated as National Secretary since his gubernatorial bid was unsuccessful. He urged the Supreme Court to overturn the decisions of the Federal High Court and the Court of Appeal in Enugu, both of which upheld his removal.
However, counsel for Aniagu Emmanuel argued that Anyanwu’s request violated the PDP’s constitution. He maintained that having resigned from his position to pursue another political ambition, Anyanwu could not reclaim the office. Similarly, Ali Odeifa, the 4th respondent in the case, opposed Anyanwu’s appeal, describing it as baseless and without merit. Odeifa’s lawyer, Okwudili Anozie, urged the court to dismiss the suit.
Notably, the PDP and Amb. Illiya Damagun, listed as the 2nd and 3rd respondents, did not file any submissions for or against the appeal.
Earlier, the Supreme Court dismissed a request by Anyanwu to stay the execution of the lower courts’ judgments. The request was withdrawn by Anyanwu during the proceedings.
The Court of Appeal in Enugu had, in December 2024, upheld a High Court ruling that removed Anyanwu as PDP National Secretary. The appellate court affirmed Chief Sunday Ude-Okoye as the rightful occupant of the position, ruling that Anyanwu’s claim to the office violated the PDP’s constitution. The court noted that Anyanwu had contested and emerged as the PDP’s candidate for the 2024 Imo governorship election, making him ineligible to return to his former role.
Dissatisfied with the rulings, Anyanwu approached the Supreme Court in February, seeking to overturn the decisions of the lower courts and be reinstated as the PDP’s National Secretary.
GI’s Legal Corner
This case brings up important questions about internal party democracy and how political party constitutions are interpreted in Nigeria. Section 223 of the 1999 Constitution (as amended) requires political parties to operate democratically, including how they select and replace their officials. The PDP’s constitution also lays out specific rules for resignations and the replacement of national officers.
If the Supreme Court sides with Anyanwu, it could set a precedent where candidates are allowed to “pause” their positions while pursuing other political ambitions.
This might lead to instability in party leadership. On the other hand, if the court upholds the lower courts’ rulings, it would reinforce the authority of party constitutions and the finality of voluntary resignations.
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