A Federal High Court in Abuja has refused to issue an ex-parte order sought by embattled National Secretary of the Peoples Democratic Party (PDP), Senator Samuel Anyanwu to stop the Independent National Electoral Commission (INEC) from acting on any document from the PDP without his signature as the National Secretary.
Anyanwu’s lawyer, Ken Njemanze (SAN) moved the motion ex-parte was n Wednesday and prayed the court to grant the two reliefs sought.
The reliefs, as contained in the motion, filed along with the substantive suit, marked: FHC/ABJ/CS/254/2025 are: “An order of interim injunction, restraining INEC, its servants or officers, from accepting, acting on or giving effect to any correspondence, letter, document, mail, notice, form and or written submission purported to emanate from the PDP not signed by him pending the hearing and determination of the motion on notice for interlocutory injunction filed simultaneously with this motion ex-parte.
“An order of interim injunction restraining the acting National Chairman of the PDP, Umar Damagun or his agents from forwarding, sending, or dispatching to INEC any correspondence, letter, document, mail, notice, form, and or written submission purported to emanate from the PDP, signed by the acting Chairman and not countersigned by him, pending the hearing of the motion on notice for interlocutory injunction filed simultaneously with this motion ex-parte.
In a ruling, Justice Inyang Ekwo, held, among others, that it would be appropriate for the respondents – INEC and Damagun – to be put on notice for them to come and show the cause why the reliefs sought should not be granted.
Justice Ekwo said: “Upon hearing the learner silk for the plaintiff/applicant’s motion ex-parte and upon studying the prayers and the averments in the affidavit and the exhibits, I think that a case of urgency has been established.
“The plaintiff/applicant should put the respondents on notice within two days of this order.”
He ordered that all court documents filed in the suit by Anyanwu should be served on the respondents within two days of the order.
The judge then adjourned till February 24 for the respondents to show cause.
Anyanwu is alleging and Ng and there’s that there were plots to sideline him in the running of the party even when he is in the process of challenging a judgment of the Court of Appeal in Enugu related to the office of the PDP National Secretary.
He stated, in a supporting affidavit, that he was duly elected as the national secretary at the PDP’s National Convention held on October 30 and October 31, 2021, in Abuja.
He stated that since his election, he has been performing his duties and functions as stipulated by the constitution of the PDP, extant laws, and regulations.
Anyanwu averred that as the National Secretary, he and Damagun were signatories to all correspondence, letters, emails, documents, notices, forms, and or written submissions from the party.
He added that all correspondence, letters, emails, documents, notices, forms, and or written submissions from the Peoples Democratic Party to INEC cannot be acted on, implemented, or given effect to by the 1st defendant without my signature,” he said.
Anyanwu listed the correspondence, notices, written submissions, etc that must be signed by him to include notices of any convention, congress, conference, or meetings of the party and a list of candidates the party proposes to sponsor at elections.
He said on Dec. 22, 2023, the Enugu State High Court delivered judgment in suit number: E/882/2023 between Aniagu Emmanuel vs. PDP & Ors which touched on the position of the National Secretary of the party.
Anyanwu said, upon being “dissatisfied with the said judgment, I and the PDP filed separate and distinct appeals to the Court of Appeal,” he said.
“The Appeal Court dismissed the appeals filed by him and PDP and he and the party had appealed against the decision at the Supreme Court
“Notices of Appeal filed by the plaintiff and the Peoples Democratic Party are annexed and marked EXHIBITS “E” and “F” respectively,” he said.
Anyanwu stated that he timeously compiled and transmitted the record of appeal, and the appeal had been entered in the Supreme Court as appeal number: SC/CV/18/ 2025 between Sen. Samuel N. Anyanwu vs. Aniagu Emmanuel & Ors.
Anyanwu averred that the application for a stay of execution and injunction pending appeal filed by the PDP came up for hearing on January 13, 2025, before the Appeal Court.
He said the appellate court made a positive and unequivocal interim order that the parties should maintain the status quo ante bellum pending the hearing and determination of the motion for stay of execution and injunction pending appeal.
Anyanwu insisted that he remained the incumbent National Secretary of the PDP, arguing that his term of office has not expired.
He added: “There are subterranean moves or attempts by the defendants to subvert my authority as National Secretary of the said political party. Unless restrained, the defendants would subvert my authority,” Anyanwu said.
@The Nation.