The Supreme Court of Nigeria has postponed decision in the appeal brought by Samuel Anyanwu, the beleaguered former National Secretary of the Peoples Democratic Party (PDP), to challenge his dismissal from office.
Anyanwu is attempting to reverse the decision of the Court of Appeal, Enugu Division, which supported an earlier finding by the Federal High Court that removed him from office and recognized Sunday Udeh-Okoye as the legitimate PDP National Secretary.
In his ten-ground appeal, filed through his counsel, Ken Njemanze (SAN), Anyanwu sought the Supreme Court to grant his appeal and overturn the lower court’s verdict.
The respondents in the case (SC/CV/82/2025) include Aniagu Emmanuel of the Peoples Democratic Party (PDP), Iliya Damagun (PDP National Chairman), and Ali Odefa (PDP National Vice Chairman, Southeast Zone).
Anyanwu argues that party leadership issues are not justiciable.
Anyanwu argued that the Court of Appeal erred in law by upholding the Federal High Court’s authority over what he regarded as the PDP’s internal affairs.
“Issues related to party leadership and membership are non-justiciable and fall outside the jurisdiction of any court,” the politician claimed.
He also chastised the lower courts for failing to assess whether the plaintiff had exhausted the PDP’s internal dispute resolution methods prior to initiating the claim.
Dispute Over Resignation and Electoral Act Interpretation
One of the main points of argument in the lawsuit was whether Anyanwu had resigned. When he contested the Imo governorship race in 2024, the lower courts ruled that he essentially resigned.
Anyanwu, on the other hand, said that the PDP constitution provides party officers a four-year tenure and that the court erred in applying Section 84(12) of the Electoral Act 2022, which demands resignation before contesting elections.
“The PDP constitution specifies methods for leaving executive positions, including dismissal or resignation. “There was no basis for the lower courts’ findings that I had vacated my office,” Anyanwu claimed.
Respondents Urge Supreme Court to Dismiss Appeal.
During the hearing, the respondents, represented by counsel Erokoro (SAN), sought the Supreme Court to dismiss Anyanwu’s appeal.
Erokoro, citing Ali Modu Sheriff versus PDP, requested that the court reconsider its previous position that party affairs are internal and not justiciable. “The lower court says he has resigned because the constitution states that you must resign before contesting an election,” according to Erokoro.
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However, the Supreme Court panel questioned the judiciary’s authority to judge who should occupy a party office.
In his concluding argument, Njemanze (SAN) repeated that the lower courts lacked jurisdiction, saying, “My Lords, in all your decisions over the past year, you have consistently held that leadership disputes in political parties are not justiciable. The lower and trial courts had no jurisdiction over this case.”
Following Njemanze’s argument, the five-member panel, led by Justice Uwani Musa Abba-Aji, reserved decision until a later date, which would be informed to all parties.
“Judgment is reserved until a date that will be communicated to the parties,” Justice Abba-Aji stated.
