•Nullifies lower courts’ verdicts on Anyanwu
•Faults judiciary’s interference in parties’ internal affairs
•Udeh-Okoye, Anyanwu’s camps claim victory
•S/Court judgment affirms Udeh-Okoye as national secretary – PDP
•Commends Court for reaffirming party supremacy
By Clifford Ndujihe, Ikechukwu Nnochiri & John Alechenu
THE Supreme Court, yesterday, practically returned the decision on who should be the National Secretary of the Peoples Democratic Party, PDP, to the party’s hierarchy. It quashed lower courts’ verdicts on the issue and faulted the Court of Appeal and High Court in Enugu for dabbling into what it described as a domestic affair of a political party.
Senator Sunday Anyanwu, who left the secretaryship to fly PDP’s flag as Imo governorship candidate in 2023, is in a tug of war with SKE Udeh-Okoye for the post.
Following the apex court’s verdict, the Udeh-Okoye and Anyanwu camps claimed victory, yesterday, as they prepare to return to Court on March 25 for hearing the suit Senator Anyanwu filed to stay execution of the judgments the apex court nullified, yesterday.
Indeed, the National Working Committee, NWC, of the PDP, said with the Supreme Court decision, Udeh-Okoye remains the national secretary of the party.
Udeh-Okoye’s backers
Those backing Udeh-Okoye for the PDP national secretaryship include 2023 Presidential Candidate of the party, Alhaji Atiku Abubakar; Chairman and Secretary of the BoT: Senator Adolphus Wabara and Senator Ahmed Makarfi; majority of the BoT; majority of the South-East caucus; majority of the Senate and House of Representatives caucus of the PDP; 10 of the 12 members of the PDP Governors Forum; and National Chairman of the party, Umar Damagum (a latter day convert) among others.
Anyanwu’s supporters
Conversely, Senator Anyanwu’s supporters include FCT Minister, Mr Nyesom Wike, and members of his now defunct G-5 governors -Samuel Ortom, Okezie Ikpeazu, serving Governors Umaru Fintiri (Adamawa) and Seyi Makinde (Oyo), former National Vice Chairman, South South, Chief Dan Orbi among others.
Supreme Court verdict
Nullifying lower courts’ judgments that removed Senator Anyanwu as the national secretary of the PDP, the apex court, in a unanimous decision by a five-member panel, faulted the Court of Appeal and High Court in Enugu for dabbling into what it described as a domestic affair of a political party.
The high court had on the strength of a suit that was brought before it by a member of the PDP, Mr. Aniagu Emmanuel, removed Anyanwu as the national scribe of the party.
The decision of the trial court was subsequently upheld by the appellate court, which recognised Chief Udeh-Okoye as Senator Anyanwu’s replacement.
The appellate court held that Anyanwu’s continued stay in office as national secretary was in breach of PDP’s Constitution, having contested and emerged as the party’s candidate in the governorship election that held in Imo State in 2024.
Dissatisfied with the judgments, Anyanwu approached the Supreme Court to set them aside.
Delivering its judgment in the matter on Friday, a five-member panel of the Supreme Court led by Justice Uwani Abba-Aji, held that the two lower courts were wrong to have meddled in an internal affair of the PDP.
When Judiciary can interfere in party affairs
It held that the party has its own dispute resolution mechanisms embedded in its constitution.
The apex court, in its lead judgment that was delivered by Justice Jamilu Tukur, stressed that the judiciary would only intervene, when a political party is accused of sidelining its own laws and regulations.
It held that it is not the duty of courts to involve itself in the leadership selection process of political parties but to ensure adherence to due process, equity, justice, fairness and the rule of law.
Besides, the Supreme Court noted that the plaintiff, Aniagu Emmanuel, whose substantive suit led to Anyanwu’s removal, failed to establish his locus standi (legal right) to institute the action.
Consequently, it vacated the judgments of the two lower courts for want of jurisdiction to entertain the dispute surrounding the office of a National Secretary in the PDP.
It will be recalled that the Board of Trustees, BOT, and the National Working Committee, NWC, of the PDP, had earlier endorsed Chief Udeh-Okoye as the National Secretary of the party, in line with the judgments the apex court vacated on Friday
Anyanwu had outright rejected the decisions of the BOT and NWC, insisting that the position was the subject of a pending litigation.
On his part, Chief Udeh-Okoye, in a recent process he filed before the Federal High Court in Abuja, maintained that Senator Anyanwu had ceased to be the national secretary of the PDP.
He told the court that though the Senator Anyanwu was elected at a National Convention the party held on October 30, 2021, for a four-year tenure, he, however, lost the position after he was nominated as candidate of the party for the governorship election that held in Imo State in 2023.
Chief Udeh-Okoye told the court that whereas Article 47(5) of the PDP Constitution requires any officer elected into the party’s Executive Committee at any level, to resign before running for any elective office, Article 47 (6) made provision for the appointment of someone from the same area or zone, to serve out the tenure of such officer.
According to him, following Senator Anyanwu’s refusal to vacate the office, the Board of Trustees of the PDP, in a letter dated October 12, 2023, drew the attention of the National Chairman of the party, Ambassador Umar Damagun, to the constitutional breach.
He said the South East zone Executives of the party, in a meeting held at Enugu on October 16, 2022, nominated him to serve out the residue of Senator Anyanwu’s remaining tenure in office.
Chief Udeh-Okoye told the court that the litigation that led to the concurrent judgments of the courts in Enugu, was a fallout of the meeting where he was nominated.
Justice Inyang Ekwo had fixed March 25 to hear the suit Senator Anyanwu filed to stay execution of the judgments the apex court nullified on Friday.
Jude-Okoye remains our secretary – PDP
Reacting to the apex court verdict, the PDP NWC, in a statement by the National Publicity Secretary, Debo Ologunagba, explained that the judgment affirmed that the issue of party leadership positions, including the National Secretary, is entirely an internal affair of the Party requiring only the Party internal mechanism to which the courts have no jurisdiction.
He said: “Today’s judgment of the Supreme Court reaffirms the standing position of the Party and emphatically settles the emergence of Rt. Hon. SKE Udeh Okoye as the substantive National Secretary of the PDP having been duly nominated, endorsed and ratified through the internal mechanism of the PDP statutory Organs and bodies in line with provisions of the PDP Constitution (as amended in 2017).
“For clarity, the NWC at its 576th meeting held on the 11th of October, 2023, directed the South-East Zonal Executive Committee to nominate a replacement for Senator Samuel Anyanwu upon Senator Anyanwu’s nomination as the governorship candidate of the PDP to contest the November 2023 Governorship election in Imo State.
“Consequent upon the directive of the NWC, the South-East Zonal Executive Committee at its meeting held on the 20th of October 2023 passed a resolution approving the emergence and forwarding of the name of Rt. Hon. SKE Udeh Okoye to the NWC as the National Secretary of the Party.
“Accordingly, the NWC at its 577th meeting held on 7th of November 2023 pursuant to its powers under the PDP Constitution, duly received, deliberated upon, accepted and approved the emergence of Rt. Hon. SKE Udeh Okoye as the National Secretary of the Party, which appointment has also since been endorsed by relevant Organs and bodies of the PDP including the Board of Trustees (BoT), South-East Zonal Caucus, the PDP Governors’ Forum and officially communicated to the Independent National Electoral Commission (INEC) and the general public.
“The PDP commends the Supreme Court for upholding the principle of the supremacy of the Party in the management of its internal affairs, describing it as victory for democracy.
“The NWC urges all patriotic members of the PDP to remain united as we work together to move our great Party forward.”
SE PDP Congratulates Udeh-Okoye, Hails S/Court for affirming Party Supremacy
The South East Zonal Executive Committee of the Peoples Democratic Party, PDP, has congratulated Hon. Sunday Udeh-Okoye on the affirmation of his position as the National Secretary of the PDP by the Supreme Court.
The South East PDP, in a statement co-issued by the Chairman of the Zonal Executive Committee, Chief Ali Odefa, and the Zonal Secretary, Hon. James Ugwu, on Friday, equally hailed the Supreme Court for saving, not just the party, but also the nation’s democracy from the hands of those bent on destroying it for their selfish political capital.
Reacting to the apex court ruling, the statement said, “This is not just a victory for Rt. Hon. Udeh-Okoye as a person, but also for the party as a whole and for the nation’s democracy in general.
“This judgment expressly ratifies the South Zonal Executive Committee’s nomination of Hon. Sunday Udeh-Okoye as the party’s National Secretary to serve-out the remaining tenure of Senator Samuel Anyanyu, who had won the party’s nomination as its flag bearer in the Imo 2023 governorship election. It equally validates Udeh-Okoye’s ratification by the National Working Committee (NWC) on November 7, 2023 and his endorsement by various organs of the party.
“Consequently, the South East heartily congratulates our party leaders, party faithful, and, of course, Hon. Sunday Udeh-Okoye on this momentous victory.
“We are happy that this judgment has finally reestablished party supremacy and the ramifications of this decision is a big win for not just the PDP, but for all the political parties in Nigeria. By this decision, the Supreme Court has reaffirmed that, as our people would say, the okro can never be taller than the person that planted it. The party is supreme.”
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