The Independent National Electoral Commission, INEC, has called on the Abuja Division of the Federal High Court to recuse itself from the suit filed by Senator Samuel Anyanwu challenging his removal as the National Secretary of the Peoples Democratic Party, PDP.
INEC, in a counter-affidavit filed in opposition to the suit, argued that it would be in the interest of justice for all parties to await the outcome of an appeal on the dispute, which is already pending before the Supreme Court.
In a 10-paragraph affidavit deposed to by one Mohammed Ayuba, the electoral body stated that, in line with its powers as well as its regulations, guidelines, and manuals, any correspondence between it and political parties must be signed by both the National Chairman and National Secretary of the respective parties.
The electoral umpire told the court that it had deliberately refrained from commenting on Anyanwu’s legal action.
“That the 1st defendant did not intend to join issues with the plaintiff, pending the determination of the appeal at the Supreme Court,” INEC stated.
According to INEC, the court’s jurisdiction is ousted in matters dealing with the internal affairs of political parties.
At the resumed proceedings in the matter, counsel to INEC, Ahmed Mohammed, drew the court’s attention to the counter-affidavit his client filed against Senator Anyanwu’s suit on March 7.
Similarly, other defendants in the case indicated that they had filed preliminary objections challenging the competence of the suit.
On his part, Udeh-Okoye Enemchukwu, who has since been endorsed by the party as Senator Anyanwu’s replacement, told the court that all parties had already submitted their respective briefs of argument before the Supreme Court.
He insisted that Senator Anyanwu ceased to be the National Secretary of the PDP following the concurrent judgments of both the High Court and the Court of Appeal in Enugu.
Udeh-Okoye, the 4th defendant, told the court that although the plaintiff was elected at a National Convention held by the party on October 30, 2021, for a four-year tenure, he lost the position after being nominated as the party’s candidate for the governorship election in Imo State in 2023.
He explained 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 contesting for an elective office, Article 47(6) provides for the appointment of someone from the same area or zone to serve out the tenure of such an officer.
The 4th defendant further told the court that 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.
PDP crisis: Hand off Anyanwu’s case – INEC tells court
