The Supreme Court of Nigeria today declined Senator Samuel Anyanwu’s request for a stay of execution on the December 20, 2024, Court of Appeal judgment that removed him as the National Secretary of the Peoples Democratic Party (PDP).
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The apex court, however, granted an accelerated hearing for the case, with proceedings adjourned to March 10, 2025, and the possibility of a judgment on the same day.
A five-member panel of the Supreme Court, led by Justice Ibrahim Saulawa, delivered the ruling on Tuesday, following a session where Senator Anyanwu’s legal team argued for a stay of execution to temporarily suspend the enforcement of the Appeal Court’s decision. The court, however, held that the Appeal Court’s judgment was a declaratory judgment and therefore could not be stayed.
The Supreme Court also ordered that court processes be served on the respondent, Mr. Aniagu Emmanuel, whose suit led to Anyanwu’s removal. The respondent was given three days to file his reply upon receiving the processes.
The legal battle stems from a December 20, 2024, split ruling by the Court of Appeal in Enugu, which ordered Senator Anyanwu’s removal as the National Secretary of the PDP and affirmed Rt. Hon. Udeh Okoye as the rightful holder of the office. The Appeal Court’s decision followed a protracted leadership dispute within the party.
Senator Anyanwu had sought to overturn the ruling, filing an appeal and requesting a stay of execution to prevent the enforcement of the judgment. However, the Supreme Court’s latest ruling has effectively upheld the Appeal Court’s decision, meaning Rt. Hon. Udeh Okoye remains the substantive National Secretary of the PDP.
The Supreme Court also clarified that there was no valid stay of execution in place to support Senator Anyanwu’s continued occupation of the office. This debunked claims by Anyanwu and his supporters that his presence in the office was backed by a temporary stay granted by the Abuja Division of the Court of Appeal in January 2025. The apex court emphasized that no such stay was in effect, and Anyanwu’s continued occupation of the office was without legal basis.
While the Supreme Court declined the stay of execution, it granted an accelerated hearing for Senator Anyanwu’s appeal. The court adjourned further proceedings to March 10, 2025, with the possibility of delivering a judgment on the same day. This move underscores the urgency and importance of resolving the leadership dispute within the PDP.
With the Supreme Court’s ruling, Rt. Hon. Udeh Okoye remains the legitimate National Secretary of the PDP, while Senator Anyanwu’s appeal will be heard on an expedited basis. The decision brings clarity to the party’s leadership structure, which has been embroiled in legal battles for months.
The case will resume on March 10, 2025, when the Supreme Court is expected to hear arguments from both parties. The possibility of a judgment on the same day suggests that the court is keen to bring finality to the matter, allowing the PDP to focus on its political activities ahead of future elections.
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