The Independent National Electoral Commission (INEC) has urged the Abuja Division of the Federal High Court to recuse itself from a suit filed by Senator Samuel Anyanwu, who is challenging his removal as the National Secretary of the Peoples Democratic Party (PDP).
In a counter-affidavit opposing the suit, INEC argued that it would be in the interest of justice for all parties to await the outcome of an appeal on the dispute, which is currently pending before the Supreme Court.
According to a 10-paragraph affidavit deposed by one Mohammed Ayuba, INEC maintained that its rules require any correspondence with political parties to be signed by both the National Chairman and the National Secretary.
“That the 1st defendant did not intend to join issues with the plaintiff, pending the determination of the appeal at the Supreme Court,” INEC stated.
The electoral body also argued that the court lacked jurisdiction over matters concerning the internal affairs of political parties.
At the resumed hearing, INEC’s counsel, Ahmed Mohammed, informed the court about the counter-affidavit filed against Senator Anyanwu’s suit on March 7.
Similarly, other defendants in the case filed preliminary objections, challenging the competence of the suit.
On his part, Udeh-Okoye Enemchukwu, who has been endorsed as Anyanwu’s replacement, told the court that all parties had already submitted their arguments before the Supreme Court.
He insisted that Anyanwu was no longer the PDP National Secretary, citing rulings from both the High Court and the Court of Appeal in Enugu.
Udeh-Okoye further explained that while Anyanwu was elected at the PDP National Convention on October 30, 2021, for a four-year tenure, he lost the position after being nominated as the party’s governorship candidate for Imo State in 2023.
He cited Article 47(5) of the PDP Constitution, which mandates that any officer elected into the party’s Executive Committee must resign before contesting an elective office, while Article 47(6) allows for the appointment of a replacement from the same zone to complete the tenure.
Additionally, the 4th defendant informed the court that Senator Anyanwu’s refusal to vacate the office prompted the PDP Board of Trustees to notify the party’s National Chairman, Ambassador Umar Damagun, in a letter dated October 12, 2023, about the constitutional breach.