NIGERIA’S Supreme Court this morning reinstated Senator Samuel Anyanwu as the National Secretary of the Peoples Democratic Party (PDP).
The apex court, in a unanimous judgment of a five-member panel, held that the matters bordering on the leadership or membership of a political party are its internal affairs and should not be the business of a court.
The apex court set aside the 20 December 2024, judgment of the Court of Appeal in Enugu, which had upheld a Federal High Court’s decision removing Anyanwu and recognizing Sunday Udey-Okoye as his replacement. The apex court says the Federal High Court lacked jurisdiction to hear the matter instituted by Aniagwu Emmanuel.
In the lead judgment read by Justice Jamilu Tukur, the Supreme Court says the exceptional circumstances that would have conferred jurisdiction on the court to decide on the internal affairs of a political party were missing.
These exceptional circumstances as stated by the Court are: if the Nigerian Constitution gives the court such jurisdiction, when there is the commission of a crime or violation of contractual rights.
The apex court held that Sunday Udeh Okoye not being joined in the case means that Aniagwu Emmanuel lacked the legal rights to have instituted the matter at the Enugu Division of the Federal High in the first instance.
It will be recalled that Senator Anyanwu having been dissatisfied with the appellate court’s ruling, took the matter to the Supreme Court, arguing that both the Court of Appeal and the Enugu High Court lacked jurisdiction to decide on an issue concerning the internal affairs of the PDP. He maintained that party leadership and membership matters are non-justiciable and should not be determined by any court.
Anyanwu also faulted the lower court for failing to consider whether the plaintiff had exhausted PDP’s internal dispute resolution mechanisms before filing the suit. Additionally, he questioned the decision to grant the plaintiff locus standi to challenge his position, insisting that such matters are fundamental to a court’s jurisdiction.
Furthermore, Anyanwu challenged the interpretation of Section 84(12) of the Electoral Act 2022 by the lower courts, asserting that he neither resigned nor was removed from office as National Secretary.
He argued that the PDP constitution clearly outlines procedures for vacating executive positions, and there was no legal basis for the courts’ conclusion that he had left office. He emphasized that Article 47 of the PDP constitution provides for a single four-year term for party officers, reinforcing his claim that his removal was unlawful.
It can be recalled that Udey-Okoye had received the backing of the PDP’s National Working Committee, Board of Trustees, and Governors’ Forum.
Eighteen-Eleven Media