In a move that has stirred fresh controversy within the Peoples Democratic Party (PDP), Senator Samuel Nnaemeka Anyanwu, the ousted National Secretary, has filed yet another suit at the Federal High Court in Abuja. The suit seeks an injunction that would prevent the PDP National Working Committee (NWC) or any other PDP organ from removing him or appointing a replacement. This legal maneuver comes less than a year after the Court of Appeal definitively sacked him from the secretaryship and affirmed Hon. SKE Ude Okoye as the substantive National Secretary of the party.
This latest suit is an attempt to undermine not only the recent court rulings but also the decisions of the PDP Governors Forum and the Board of Trustees (BoT), as well as the legal opinions of the National Legal Adviser. The suit, which is being described as yet another desperate bid by Anyanwu to cling to power, is widely viewed by party insiders as a flagrant abuse of the judicial process.
During a press briefing, representatives of the Opposition Lawmakers Coalition criticized the filing, emphasizing that the action violates fundamental principles of both the PDP constitution and the Nigerian legal system. “No lower court, including the Federal High Court, has the jurisdiction to override a judgment rendered by a higher court such as the Court of Appeal,” explained one legal analyst. The analyst noted that according to Section 240 of the 1999 Constitution (as amended), decisions of the Court of Appeal must be enforced throughout the federation by all authorities and courts with subordinate jurisdiction. This legal framework ensures that any attempt to re-open or override such a decision by a lower court is both unconstitutional and null.
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In a detailed statement released by a spokesperson from the Opposition Lawmakers Coalition, it was asserted that Senator Anyanwu’s continued claim to the PDP secretaryship is a grave violation of party rules and an affront to the rule of law. “The recent Supreme Court judgment, while not directly ruling on Anyanwu’s appeal, unequivocally confirms the finality of the Court of Appeal’s decision,” the spokesperson said. “Senator Anyanwu’s filing of an interlocutory injunction is not only disappointing but constitutes a blatant disregard for the established hierarchy of courts.”
The spokesperson went on to explain that the appeal against the 2024 budget, which was withdrawn by Governor Siminalayi Fubara through his lead counsel, Yusuf Ali SAN, set a clear legal precedent. “Governor Fubara’s withdrawal of the appeal was based on the fact that the 2024 budget cycle has long expired, having been fully executed, and is therefore no longer subject to review. Senator Anyanwu’s suit, which seeks to interfere with this outcome, is not only legally unsound but also politically motivated,” he emphasized.
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This latest legal development has sparked intense debate within the party. Opposition elements, particularly those aligned with the pro-Wike faction, have seized upon Anyanwu’s suit as evidence of his desperate attempts to destabilize the party from within. Critics argue that by resorting to legal challenges rather than accepting the court’s clear ruling, Anyanwu is undermining the PDP’s integrity and paving the way for the ruling All Progressives Congress (APC) to secure an easier path in future elections.
Legal experts reiterate that the federal court system is structured with a clear hierarchy. The Court of Appeal, which has the authority to review and settle disputes arising from lower courts, stands as the final arbiter on such matters unless overruled by the Supreme Court. In this case, since the Federal High Court is a subordinate court, it lacks the jurisdiction to grant any order that would invalidate the decision of the Court of Appeal. “This suit is, therefore, an abuse of process. It is a desperate, albeit futile, attempt to cling to power by attempting to override a final judgment using a court that simply does not have the mandate to do so,” explained one constitutional law expert.
Within the PDP, the fallout from this legal action has been significant. Party insiders fear that any prolonged legal battle could further erode the party’s unity and public image. The incident has reignited discussions on the need for internal reforms and clearer mechanisms for addressing disputes, so that the party can present a united front going into future electoral contests.
As the legal process unfolds, many are calling on the media and political stakeholders to report the issue based solely on verified facts rather than political propaganda. “The media must verify facts before disseminating information on such critical legal issues. We urge a truthful and balanced reportage to avoid further division within the party,” the spokesperson added.
In the coming weeks, attention will likely focus on how the judiciary handles Anyanwu’s suit and whether his legal strategy will have any impact on the PDP’s internal governance.
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