The hope that the judgment by the Supreme Court which stated that the issue brought before it by the Peoples Democratic Party (PDP) over the dispute of its National Secretary was an internal party matter that should be resolved within the party without external interference would usher in peace in the political party has faded with both interest groups claiming victory.
The apex court nullified the judgements of the Court of Appeal and Federal High Court, which sacked Senator Samuel Anyanwu as National Secretary of the People’s Democratic Party (PDP) saying that the issue being an internal affair of the party ought not to have been adjudicated upon by any court.
However, while a faction of the National Working Committee (NWC) of the party yesterday claimed the judgment of the Supreme Court reaffirmed the standing position of the PDP leadership, and argued that it emphatically settles the emergence of Rt. Hon. S.K.E Udeh Okoye as its substantive National Secretary, Anyanwu called on party members to disregard the statement that emanated from the National Publicity Secretary, Debo Ologunagba on the matter.
While the Anyanwu camp was celebrating that the judgment was in his favour, the South East Zonal Executive Committee of the party congratulated Okoye. The congratulatory message was issued by the South East Zonal Executive Committee Chairman, Chief Ali Odefa.
While both contenders were still claiming and counterclaiming on the judgment, a High Court in Abuja under Justice H Mauzu issued a restraining order against the Tom Ikimi-led Disciplinary Committee of the party from expelling Anyanwu.
A five-member panel of the apex court yesterday held that the issue of who was the National Secretary of the PDP borders on the internal affairs of a political party which is not justiciable.
Anyanwu had approached the apex court to set aside the majority judgment of the Court of Appeal and the trial court which had sacked him as National Secretary on account of participating in the 2023 governorship election in Imo State.
Anyanwu, through his lawyer, Mr. Ken Njemanze, SAN, had argued that the two lower courts erred in law when they dabbled into the issue of the internal affairs of the PDP.
They had also challenged the right of Aniagu Emmanuel to bring the suit against Anyanwu at the Federal High Court, adding that he cannot be an advocate of Udeh Okoye, nominated to serve out the tenure of Anyanwu.
The PDP had appointed Okoye to serve out the tenure of Anyanwu on the grounds that Anyanwu had relinquished his position of National Secretary, when he purchased the expression of interest and nomination form of the PDP and subsequently emerged as the candidate of the PDP in the governorship election in Imo State in 2023.
The PDP further claimed that its Constitution provided for Anyanwu’s resignation as National Secretary before contesting for the office of governor, which he lost to Governor Hope Uzodinma of the All Progressives Congress (APC).
But, Anyanwu argued this claim to the contrary, accusing the respondents of doctoring the party’s constitution, adding that he never resigned to contest the Imo guber election.
Besides, he maintained that the issue of who was the authentic National Secretary of the PDP was not what any court should entertain and urged the court to allow his appeal and reserve his sack by the two lower courts.
Reacting, counsel to Emmanuel disagreed that the issue was purely that of an internal affairs of the PDP, pointing out that Anyanwu cannot, having gone to participate in the Imo State governorship election then return to assume his position of National Secretary.
The respondent through his lawyer Chief Paul Erokoro, SAN, further argued that the court could still look into the issue of the leadership of political parties, when the need arises, as in the instant case, adding that the apex court had been inconsistent with the issue.
Erokoro cited the case of former PDP National Chairman, Ali Modu Sheriff and asked the court to deviate from other judgments where it held that the issue of leadership of political parties was not justiciable.
Delivering judgment yesterday, the apex court agreed with Anyanwu that the issue before the court centered around the leadership of the PDP, which is not justiciable.
“Issues that borders on the leadership of a political party should not be the business of any court”, Justice Jamilu Tukur, who delivered the lead judgment held.
He explained that, “the trial court and majority judgment of the Court of Appeal had it wrong when they assumed jurisdiction to entertain the suit”.
According to him, the few exceptions where the court can dabble into the internal affairs of a political party, are when the Constitution provided such grounds or there was a criminal findings or the party breached its own laws and regulations.
Tukur stated that, “The respondents did not show how the guidelines and regulations of the party were violated” in the instant case.
Besides, the apex court held that the plaintiff, Aniagu Emmanuel, who initiated the suit at the trial court lacked the necessary legal backing to do so, since he did not show how he was affected by who is the National Secretary of the PDP.
He described Emmanuel as a “busybody interloper” because he failed to show what harm he stands to suffer with Anyanwu as the National Secretary.
“He has not shown what his interest is and …. Or whatever he would suffer” with Anyanwu as National Secretary.
The apex court in addition, observed that Udeh Okoye, who was the beneficiary of the sack of Anyanwu as National Secretary was not joined as a party in the suit in line with the law.
Tukur subsequently allowed the appeal by Anyanwu and declared that, “the majority judgment of the court of appeal” which sacked Anyanwu as National Secretary, “is hereby set aside and the minority judgment by Justice Ekanem is hereby affirmed.
“The trial court judgment is also struck out for want of jurisdiction”.
Tukur ordered that parties were to bear their respective costs.
