Supreme Court Dismisses Anyanwu’s Application For Stay Of Execution, Reserves Judgment On Main Appeal
The Supreme Court on Monday reserved judgement in the appeal by Senator Samuel Anyanwu against the judgement of the Court of Appeal, which sacked him as National Chairman of the People’s Democratic Party (PDP).
A five-member panel of the apex court led by Justice Uwani Musa Aba-Aji took the decision after parties adopted their written addresses as their arguments for and against the appeal.
The Court of Appeal sitting in Enugu had last December upheld a High Court decision that sacked Samuel Anyanwu as the National Secretary of the PDP.
The appellate court subsequently upheld Chief Ude Okoye as the substantive National Secretary of the main opposition party.
Besides, the appellate court issued a consequential order directing Okoye to immediately act as National Secretary of the PDP.
Dissatisfied, Anyanwu in January approached the apex court to set aside the judgement of the two lower courts and recognize him as the authentic National Secretary of the PDP.
At Monday’s proceedings, Chief Paul Erokoro SAN, who argued on behalf of the 1st respondent, Mr Aniagu Emmanuel, urged the court to dismiss the appeal and upheld the concurrent judgements of the two lower courts, adding that the apex court is clothed with necessary jurisdiction to entertain the case.
He explained that the matter is concerned with the disobedience and disrespect for the constitution of the PDP as well as the procedure for elections.
According to the senior lawyer, Anyanwu resigned from the position of National Secretary to contest the Imo State governorship election in 2023, and as such cannot lay claim to same position he resigned from in 2023.
When confronted by a member of the panel, Justice Emmanuel Agim on the justiciability of the case, Erokoro argued that the apex court have not been consistent with its position on the leadership of political parties.
He cited the case of Ali Modu Sheriff and the PDP, which the apex court resolved and urged the five-member panel not to deviate from that position and look into the issue of the PDP secretaryship currently before it and do justice in the matter.
While the PDP and its acting National Chairman, Ambassador Iliya Damagun, who are second respondents respectively did not file any processes in the appeal, the National Vice Chairman South East zone, Chief Ali Odefa, join Emmanuel to ask the apex court to dismiss the appeal and upheld the concurrent judgements of the two lower courts.
However, Chief Ken Njemanze, SAN, who represented Anyanwu urged the court to allow the appeal and set aside the judgements of the Court of Appeal and Federal High Court, which sacked Anyanwu as PDP’s National Secretary.
Njemanze urged the apex court to be consistent with its position that the issue of leadership is not within the jurisdiction of any court, adding that besides the issue of Sheriff, the apex court had in subsequent judgements held that political party’s leadership is not justiciable.
After taking submissions from all parties in the appeal, Justice Aba-Aji announced that judgement has been reserved to a date that would be communicated to parties.
Earlier, the apex court dismissed the application by Anyanwu seeking to halt the execution of the judgement of the Court of Appeal which ordered his removal as the National Secretary of the People’s Democratic Party (PDP).
Anyanwu had pending the hearing of the appeal, filed an application for a stay of the execution of the judgement which ordered his removal and subsequent replacement by Chief Ude Okoye as National Secretary.
He also filed a motion for accelerated hearing as well as an abridgment of time on grounds of the crucial role of the office of National Secretary.
While the apex court at its last sitting granted the request for accelerated hearing, no mention was made of the motion for stay.
At the resumed hearing on Monday, Erokoro drew the court’s attention to the motion and the need for it to be withdrawn by the appellant.
