The move by a camp in the Peoples Democratic Party (PDP) to unseat the National Secretary of the party, Senator Samuel Anyanwu, recently suffered a setback when the former lawmaker obtained a stay of execution order restraining his replacement with Mr. Sunday Udeh-Okoye as declared by the Court of Appeal, Enugu Division, on December 20, 2024. When penultimate Monday, Anyanwu, with his team, stormed the PDP’s Wadata Plaza national headquarters in Abuja to resume duties, the National Publicity Secretary, Barr. Debo Ologunagba, described the act as a violation of the court order that barred Anyanwu from presenting himself as the national secretary of Nigeria’s main opposition party.
On the contrary, the pro-Anyanwu group has justified penultimate Monday’s resumption of duty by the scribe. Those in support of Anyanwu justified the action on the appeal that had been already filed at the Supreme Court, including securing the stay of execution order obtained by the national secretary that was duly served on the PDP. Last Friday, the National Working Committee (NWC) threw its weight behind the scribe’s position, saying it was in receipt of the court order restraining it from removing the former Imo state governorship candidate as the PDP national secretary.
The Deputy National Publicity Secretary of the party, Alhaji Ibrahim Abdullahi, said the NWC received the court order on January 13, 2024, restraining the PDP, the acting national chairman, the National Executive Committee (NEC), the NWC and indeed the Board of Trustees (BoT) from removing the elected National Secretary of the party, Senator Anyanwu from office, pending the hearing and determination of the motion on notice, before it.
According to a press statement signed by Abdullahi, “We are obliged as a law-abiding party, to respect the order of the court and also send a legal representation to defend the party in the suit when the motion on notice comes up on January 8, and February 5, for hearing on the originating summons. We hereby appeal to all PDP members to be restrained and law-abiding in waiting for the final position of the court on this matter”.
The scheme to remove the former senator from his position is anchored on the allegation that he refused to resign his position when he opted to contest the Imo state governorship election in 2023, an act his detractors alleged is inconsistent with certain provisions of the party’s constitution. However, the basis upon which the removal of the scribe is sought for has been flawed by certain provisions of the PDP constitution as shown in sections 33, 47, 48 and 65. In accordance with the laws of the party, PDP’s national officers are at liberty not to resign their positions when going for an elective contest.
As shown in the relevant sections of the party’s constitution, no law is violated if and when national officers throw their hats in the ring for elections without resigning their position. There are instances when national officers did not resign their positions, and thereafter returned to their positions in the party without a whimper of opposition from any quarter. A recent example of this reality is the incumbent deputy national publicity secretary who contested the Kebbi state governorship elections in 2023, but returned to the position.
Apart from the legal procedure halting execution of verdict once a stay of execution is filed, there are certain conditions that must be met to nominate and appoint a new scribe. The position of national secretary is voted and ratified at a national convention after being sworn in. That Ude-Okoye’s appointment was not ratified by a national convention, according to informed party insiders, makes it illegally weird that must not be allowed to stand.
Beyond the constitutionality of attempting to unseat Anyanwu, the fallout of the previous national convention that took place ahead of the 2023 polls is still the albatross of the PDP. More worrisome to members of the party is the raging subterranean fight of supremacy between the camps of former governor of Rivers state and now Minister of the Federal Capital Territory (FCT), Barrister Nyesom Wike, and former Vice President Atiku Abubakar over the control of the party. As the main opposition party in the country, the current wrangling in the PDP is reflective of the deep-seated disagreements that has rendered the PDP incapable of providing effective opposition.
We commend the PDP NWC for taking the sail off the efforts of some elements to circumvent the rule of law as provided in relevant sections of the PDP’s constitution. Those opposed to Senator Anyanwu as the national scribe of the PDP may need to exercise patience and await the verdict of the Supreme Court. Whatever decision is taken by the apex court, either of the camps will suffer a bloody nose. Removing Anyanwu could turn out devastating for the PDP as it plots its way to recapture power. Rightly, this is the time for the PDP to look into the dark past threatening its unity of purpose.