By Godspower Egbule
CURRENTLY, a drama is playing out in the Peoples Democratic Party (PDP) on the status of the party’s National Secretary. Senator Samuel Anyanwu was appointed as National Secretary of the PDP by the National Convention on October 30-31, 2021, and assumed office on December 10, 2021, for a four-year term ending December 9, 2025. Article 47 (1) of the PDP constitution (as amended), provides that: “All national, zonal, state, local government area and ward officers of the party shall hold office for a term of four years and shall be eligible for re-election for another term and no more.”
Senator Samuel Anyanwu was the candidate of the PDP in the November 11, 2023, governorship election in Imo State. He lost the election. After losing the governorship election, Senator Anyanwu continued as the National Secretary of the PDP. In an affidavit to the courts, the PDP confirmed that Senator Anyanwu did not resign, meaning his office remained occupied by him.
Emmanuel Aniagwu had gone to court to bar Sen. Anyanwu from acting as the National Secretary of the PDP. The Court acknowledged that Senator Anyanwu had not resigned but ruled that Senator Samuel Anyanwu cannot simultaneously be running for governor and retaining his position as National Secretary. The High Court did not make any reference to the PDP Constitution that stipulated that Senator Anyanwu must resign before contesting for elective office. The Court of Appeal in Enugu upheld this decision in a 2-1 ruling. However, the dissenting judgement of the Court of Appeal argued that courts have no authority to dictate party rules, asserting that such matters are the sole prerogative of the party.
Sen. Anyanwu appealed to the Supreme Court. The Supreme Court unanimously sided with the minority judgement of the Court of Appeal. It ruled that political parties, as voluntary organizations, are governed by their own rules, and courts lack jurisdiction to interfere in their internal affairs. The Apex Court confirmed, based on evidence from Acting National Chairman Ambassador Umar Damagum and the PDP, that Damagum is the Acting National Chairman and Senator Anyanwu remains the National Secretary. The court dismissed the Claimant, Emmanuel Aniagwu, as a “meddlesome interloper” and clarified that the office of PDP National Secretary was never vacant. The Supreme Court, by its judgement, simply affirmed the existing status of Sen. Anyanwu as the National Secretary of the PDP. The judgement of the Supreme Court is based on the fact that there is no provision in the PDP Constitution which stipulates that a national officer loses his seat if he desires to contest for an elective position. The PDP Constitution grants such discretion to the national officer to resign or remain in office. For the avoidance of doubt, Article 47 (5) of the PDP constitution provides that: “Any officer elected in the Executive Committee of the Party at any level MAY resign his or her office by giving 30 days notice in writing to the appropriate Executive Committee…”
Sen. Anyanwu elected not to resign his position as National Secretary of the PDP, and by the Constitution of the PDP and the judgement of the Supreme Court, Sen. Samuel Anyanwu remains the National Secretary of the PDP.
No national officer of the party loses his/her office to contest for an elective position. The only time a national officer loses his seat is if he/she assumes another office.
Article 48(1) of the PDP Constitution provides that: “Subject to the provisions of this Constitution, any member holding any office in the party at any level shall be deemed to have resigned that office, if he or she assumes any of the following offices –
(a) President of the Federal Republic of Nigeria; (b) Vice President of the Federal Republic of Nigeria; (c) Minister of the Federal Republic of Nigeria; (d) Federal Minister; (e) Secretary to the Government of the Federation; (f) Special Adviser or Special Assistant to the President or Vice President of the Federal Republic of Nigeria; (g) Membership of the National and State Assemblies; (h) Ambassador; (i) Governor or Deputy Governor of a State;
(j) Commissioner Special Adviser or Special Assistant to the Governor
or Deputy Governor of a State; (k) Chairman, Vice Chairman or Councilor of a Local Government Council; (l) Any full time employment or appointment in the public service of the Federation, State or Local Governments.
The Supreme Court reiterates that leadership of political parties is determined by the parties themselves. This means that political parties must resolve internal issues according to their constitutions and other legal instruments. The PDP Constitution stipulates that a National Officer can only be appointed or removed by the National Convention.
So, which body has the power to remove a National Officer? According to Section 33(5)(e) of the PDP Constitution, this authority rests exclusively with the National Convention, which states that: “The National Convention shall have and exercise authority to ELECT or REMOVE the National Officers of the Party.”
Apart from the National Convention, a party officer can lose his/her position through suspension of membership or expulsion by any Executive Committee of the Party they belong to, as outlined in Section 57 of the PDP Constitution.
As of today, no Executive Committee has taken such action against Senator Samuel Anyanwu. The Federal Capital Territory High Court, in Suit Number FCT/M/3951/2025, has issued an order restraining the PDP, Ambassador Damagum, and others from expelling Senator Samuel Anyanwu or acting on the purported report of the Tom Ikimi-led National Disciplinary Committee.
The attempt to force Sen. Anyanwu out of office through extra-legal measures may be the greatest undoing of the PDP. This is exactly what Nyesom Wike has been drawing the attention of the PDP to.
In a piece credited to Nyesom Wike, the Hon. Minister of the FCT, made it clear that the PDP is swimming in unchartered waters, a dangerous path now exacerbating the profound troubles that the PDP has found itself in.
The “PDP” has been calling for and holding meetings not authorized by the Sen. Samuel Anyanwu, planting a time bomb that may implode the party. Only the duly recognized National Secretary of the party can issue notices for such meetings and also take record thereof.
Article 36(1) of the PDP Constitution provides as follows that the National Secretary shall: “(a) supervise the day-to-day activities of the Party; (b) conduct or direct the conduct of the correspondences of the Party and cause to be issued notices of meetings of the National Convention, the National Executive Committee, the National Caucus and the National Working Committee; (c) keep or cause to be kept all records of proceedings of the National Convention, the National Executive Committee, the National Caucus and the National Working Committee, as well as other records of the Party; (d) render a written annual report of the activities of the Party to NEC, and National Convention; (e) ensure the implementation of the decisions and directives of the National Convention, National Executive Committee, National Caucus and the National Working Committee, and ensure that all units of the Party carry out their duties promptly and efficiently.”
It appears those fighting Nyesom Wike are the real villains, destroying the PDP. Leaders of the party must realize that the problem of the PDP is a legal one. And if the court has made pronouncement on such legal issue, the party must uphold such decision. Of course, that is, if the PDP intends to exist as a party or go into extinction.
Godspower Egbule Esq, a Constitutional Lawyer, Public Affairs Analyst and Convener, Lawyers in Defence of Justice and the Rule of Law writes from Port Harcourt.