The Supreme Court of Nigeria has reserved judgment in the appeal filed by the embattled former National Secretary of the Peoples Democratic Party (PDP), Samuel Anyanwu, challenging his removal from office.
Anyanwu is seeking to overturn the decision of the Court of Appeal, Enugu Division, which upheld an earlier ruling by the Federal High Court that removed him from office and recognized Sunday Udeh-Okoye as the rightful PDP National Secretary.
In his ten-ground appeal, filed through his counsel, Ken Njemanze (SAN), Anyanwu urged the Supreme Court to allow his appeal and set aside the decision of the lower court.
The respondents in the case (SC/CV/82/2025) include Aniagu Emmanuel, Peoples Democratic Party (PDP), Iliya Damagun (PDP National Chairman), and Ali Odefa (PDP National Vice Chairman, Southeast Zone)
Anyanwu Argues Party Leadership Issues Are Non-Justiciable
Anyanwu contended that the Court of Appeal erred in law when it upheld the Federal High Court’s jurisdiction over what he described as the internal affairs of the PDP.
“Issues related to party leadership and membership are non-justiciable and fall outside the jurisdiction of any court,” he argued.
Additionally, he faulted the lower courts for failing to determine whether the plaintiff had exhausted the PDP’s internal dispute resolution mechanisms before filing the suit.
Dispute Over Resignation And Electoral Act Interpretation
A key contention in the case was whether Anyanwu had vacated his position. The lower courts held that he effectively resigned when he contested the 2024 Imo governorship election.
However, Anyanwu argued that the PDP constitution guarantees a four-year term for party officers and that the court wrongly applied Section 84(12) of the Electoral Act 2022, which requires resignation before contesting an election.
“The PDP constitution outlines specific procedures for vacating executive offices, including removal or resignation. There was no basis for the lower courts’ findings that I had vacated my office,” Anyanwu submitted.
Respondents Urge Supreme Court To Dismiss Appeal
During the hearing, the respondents, through their counsel Erokoro (SAN), urged the Supreme Court to dismiss Anyanwu’s appeal.
Citing Ali Modu Sheriff vs PDP, Erokoro asked the court to depart from its previous position that party affairs are internal and non-justiciable.
“The lower court says he has resigned because the constitution states that you must resign before contesting an election,” Erokoro argued.
However, the Supreme Court panel questioned whether the judiciary has the power to determine who should hold a party office.
In his final argument, Njemanze (SAN) reiterated that the lower courts lacked jurisdiction, stating, “My Lords, in all your judgments over the past year, you have consistently held that leadership issues in political parties are not justiciable. The lower court and the trial court had no jurisdiction over this matter.”
Following Njemanze’s submission, the five-member panel, led by Justice Uwani Musa Abba-Aji, reserved judgment for a later date, which will be communicated to the parties.
“Judgment is reserved to a date that will be communicated to the parties,” Justice Abba-Aji declared.
