The Independent National Electoral Commission (INEC) has asked the Federal High Court in Abuja to decline jurisdiction over the suit filed by Senator Samuel Anyanwu, challenging his removal as the National Secretary of the Peoples Democratic Party (PDP).
At the resumed hearing on Thursday, INEC argued that the case should be put on hold pending the determination of an appeal already before the Supreme Court on the matter.
In a counter-affidavit filed in opposition to Anyanwu’s suit, INEC maintained that it is in the interest of justice to await the Supreme Court’s verdict before proceeding with the case.
“The 1st defendant did not intend to join issues with the plaintiff, pending the determination of the appeal at the Supreme Court,” INEC stated in its submission.
Naija News reports that the electoral body further contended that the court’s jurisdiction is “ousted in matters dealing with the internal affairs of political parties.”
The commission stressed that, according to its regulations, any correspondence with political parties must be signed by both the National Chairman and the National Secretary of the party.
Counsel to INEC, Ahmed Mohammed, drew the court’s attention to the counter-affidavit, which was filed on March 7 in response to Anyanwu’s suit.
Similarly, other defendants in the case, including PDP officials, filed preliminary objections challenging the competence of the suit.
Udeh-Okoye: ‘I Am The Legitimate PDP National Secretary’
According to Vanguard, Sunday Udeh-Okoye, who has been recognized by the party as Anyanwu’s replacement, informed the court that all parties involved had submitted their legal arguments to the Supreme Court.
He maintained that Anyanwu had ceased to be the PDP’s National Secretary following concurrent judgments by the High Court and the Court of Appeal in Enugu, which affirmed his removal.
“The plaintiff was elected at a National Convention held on October 30, 2021, for a four-year tenure. However, he lost the position after being nominated as the PDP’s candidate for the Imo State governorship election in 2023,” Udeh-Okoye stated in his affidavit.
He referenced Article 47(5) of the PDP Constitution, which mandates that any party officer elected into the Executive Committee at any level must resign before contesting an election. He also cited Article 47(6), which provides for a replacement from the same zone to serve out the remainder of the tenure.
The PDP’s Board of Trustees (BOT) and National Working Committee (NWC) had endorsed Udeh-Okoye’s appointment in line with the subsisting court judgments. The South-East zonal leadership of the party also ratified his nomination in a meeting held in Enugu on October 16, 2022.
“The litigation that resulted in the concurrent court rulings was a direct outcome of that nomination meeting. “The Supreme Court is already seized of the facts of this case,” Udeh-Okoye said.
He insisted that unless the Supreme Court overturns the previous rulings, he remains the “authentic and substantive National Secretary of the PDP.”
In response, Senator Anyanwu asked the court to stay the execution of the judgments that ousted him from office.
His removal was upheld by the Court of Appeal in Enugu last December, affirming the earlier High Court ruling that declared Udeh-Okoye as the legitimate PDP National Secretary.
The appellate court ruled that Anyanwu’s continued stay in office violated the PDP Constitution, given that he contested the 2023 governorship election in Imo State.
Dissatisfied with the rulings, Anyanwu has taken the case to the Supreme Court, which has reserved judgment on the matter.
Meanwhile, Justice Inyang Ekwo has adjourned the case to March 25 for the hearing of all preliminary objections alongside the substantive suit.
