…Dismisses Anyanwu’s request to stay execution of his sack
The Supreme Court on Monday terminates former People Democratic Party, PDP’s, National Secretary Senator Samuel Anyanwu’s quest to stay execution of judgement of the Court of Appeal that sacked him.
The apex court, however, reserved judgment in the main appeal he filed challenging his removal from office as the National Secretary of the People’s Democratic Party, PDP.
At the hearing of the appeal on Monday, Anyanwu who had through his lawyer Kingsley Njemanze, SAN, sought a stay of the execution of the judgement of Enugu Division of Court of Appeal, suddenly urged the apex court to grant a withdrawal of his application for a stay.
Recall that Enugu Division of Court of Appeal had last December upheld a High Court decision that sacked Anyanwu as the National Secretary of the PDP and upheld Chief Sunday Ude-Okoye as the substantive National Secretary of the party.
According to the two lower courts, the appellant violated the PDP’s constitution when laid claim to the National Secretary position having contested and emerged as the PDP candidate in the 2024 governorship election in Imo State.
But during the proceedings on Monday, Anyanwu urged the Supreme Court to void and set aside concurrent judgments of the Federal High Court and the Court of Appeal Enugu Division that removed him as PDP National Secretary.
He insisted that having lost his gubernatorial adventure in Imo governorship poll in 2023, he should be allowed to stage a come back to retain the same office he resigned from.
However, counsel to Aniagu Emmanuel, Chief Paul Erokoro, SAN, told the Supreme Court that Anyanwu’s prayer violated the Constitution of the PDP adding that having resigned as the National Secretary to contest another election, he cannot be allowed to return to the office.
PDP and Ambassador Illiya Damagun who are the 2nd and 3rd respondents in the appeal did not file any process for or against Anyanwu’s suit.
However, the 4th respondent, Ali Odeifa objected to the request of Anyanwu’s bid to return to the office of the National Secretary.
Odeifa who was represented by his lawyer Okwudili Anozie urged the apex court to dismiss Anyawu suit for being frivolous, baseless and lacking in merit.
In an enquiry by a member of apex court panel Justice Emmanuel Akomaye Agim to know whether the Supreme Court has jurisdiction in the leadership of the PDP, Paul Erokoro replied that the Court had not been consistently in its decisions on such matters.
Erokoro SAN drew the attention of the Court to the case of a former National Chairman of PDP, Senator Ali. Morning odu Sheriff on the same leadership dispute where he said that the Supreme Court assumed jurisdiction and delivered judgment that settled the matter against Sheriff.
While reserving it’s judgement, the presiding justice of the five man panel ,
Justice Musa Awani Aba-Aji said the date will be communicated to the party when the judgement is ready.