January 09, (THEWILL) – The Federal Excessive Court docket, Abuja, has declared Senator Samuel Anyanwu because the legitimate Nationwide Secretary of the Folks Democratic Get together (PDP).
Justice Inyang Ekwo, in a judgement, additional restrained the nationwide management of the PDP from appointing any individual as performing nationwide secretary when Anyanwu’s four-year tenure remains to be operating and subsisting till Dec. 9, 2025, according to the occasion’s structure.
The court docket declared that any assembly held or decision reached by the occasion to prematurely take away or forestall Anyanwu from exercising the powers of his workplace would violate Article 47 (1) of the PDP Structure (as amended in 2017), therefore, turns into null and void and of no impact.
It additionally restrained the Unbiased Nationwide Electoral Fee (INEC) “from recognising any purported appointment of any individual as nationwide secretary of the occasion whether or not in performing capability or in any other case aside from Anyanwu, the elected nationwide secretary of the first defendant (PDP).”
The Court docket had on November 23, 2023, stopped the PDP from eradicating Anyanwu as nationwide secretary pending the listening to and willpower of the substantive matter.
The order adopted an ex-parte movement by Dr Joshua Musa (SAN), on behalf of two members of the occasion; Geoffrey Ihentuge and Apollo’s Godspower.
The plaintiffs had sued the PDP; Umar Damagun, occasion’s performing nationwide chairman; Nationwide Govt Committee (NEC); the Nationwide Working Committee (NWC) and INEC as 1st to fifth defendants respectively.
They sought 5 reliefs, prayed for an order of interim injunction, restraining the first, 2nd, third, and 4th defendants from finishing up the risk to take away the nationwide secretary (Anyanwu).
This, they stated, was in violation of the provisions of Article 47 (1) of the Structure of the PDP (as amended in 2017) pending the listening to and willpower of the movement on discover.
They argued that Anyanwu was duly elected on Dec. 10, 2021, and was entitled to stay in workplace until Dec. 9, 2025.
Delivering the ruling, Justice Ekwo held that the plaintiffs had been in a position to reveal, with credible proof, the risk and transfer by the PDP management to take away its nationwide secretary with out due compliance with the provisions of the occasion’s structure.
“The court docket is obligation sure to forestall that from occurring. The plaintiffs wouldn’t have to attend till the first to 4th defendants perform their risk earlier than coming to hunt redress. In such state of affairs, the court docket is sure to grant the reliefs sought by the plaintiffs”, the court docket held.