Amid claims by the Wike-led faction of the PDP that Senator Samuel Anyanwu remains the National Secretary based on a Supreme Court judgment, TheNigerialawyer can confirm that this assertion is inaccurate.
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According to the judgment obtained by TheNigerialawyer, the Supreme Court of Nigeria did not affirm Anyanwu’s position. Instead, the Court held that the dispute over the office of the National Secretary is an internal party matter and falls outside the jurisdiction of the courts.
The decision, delivered in the case Senator Samuel N. Anyanwu v. Aniagwu Emmanuel & 3 Ors. (SC/CV/18/2025), overturned the majority ruling of the Court of Appeal and upheld the dissenting judgment of Hon. Justice Joseph Eyo Ekanem, JCA, reinforcing the autonomy of political parties in managing their internal leadership disputes.
The dispute arose when Aniagwu Emmanuel, a PDP member and ward chairman, filed a suit at the Enugu State High Court challenging Senator Samuel N. Anyanwu’s continued tenure as the PDP National Secretary while he contested as the party’s gubernatorial candidate in Imo State in 2023. Emmanuel argued that Anyanwu’s dual roles violated the PDP’s constitution and electoral guidelines, particularly the principle of nemo judex in propria causa (no one should be a judge in their own cause). The High Court ruled in Emmanuel’s favor, declaring that Anyanwu had relinquished his position as National Secretary by participating in the gubernatorial primaries.
Anyanwu appealed to the Court of Appeal, Enugu Judicial Division, which, in a majority decision on December 20, 2024, affirmed the High Court’s ruling, holding that Anyanwu was deemed to have resigned his position upon purchasing nomination forms for the Imo State gubernatorial election. However, Justice Ekanem dissented, asserting that the court lacked jurisdiction over internal party matters and that Emmanuel lacked the locus standi to bring the suit.
In a unanimous decision delivered by Justice Jamilu Yammama Tukur, JSC, with concurring judgments from Justices Uwani Musa Abba Aji, Ibrahim Mohammed Musa Saulawa, Emmanuel Akomaye Agim, and Chioma Egondu Nwosu-Iheme, the Supreme Court resolved two critical issues:
- Lack of Jurisdiction Over Internal Party Affairs: The court held that disputes concerning the leadership or membership of a political party, such as the PDP, are internal matters outside the courts’ jurisdiction. Citing cases like Kabir v. APC (2024) and Abdullahi v. Argungu (2023), the court reaffirmed that political parties, as voluntary associations, have supreme authority over their domestic affairs, including leadership positions. The issue of whether Anyanwu could simultaneously hold the National Secretary role and contest as a gubernatorial candidate was deemed non-justiciable, as it fell squarely within the PDP’s internal governance.
- Lack of Locus Standi: The court found that Aniagwu Emmanuel lacked the legal standing to institute the action. The affidavit supporting his originating summons failed to show that Emmanuel’s personal interests were directly affected by Anyanwu’s actions or that he had a stake in the National Secretary position. Emmanuel was neither a candidate for the office nor recommended by the PDP’s South-East Zone to replace Anyanwu. Additionally, the individual proposed as a replacement, Hon. S.K.E. Udeh-Okoye, was not a party to the suit, further undermining Emmanuel’s standing to litigate on his behalf.
The court also addressed a preliminary objection by Emmanuel, who challenged the competence of several grounds of appeal, arguing they involved mixed law and facts requiring prior leave. The Supreme Court dismissed this objection, clarifying that challenges to jurisdiction are questions of law simpliciter, requiring no leave under Section 233 of the 1999 Constitution, as amended by the Second Alteration Act, 2010.
The Supreme Court allowed the appeal, set aside the majority decision of the Court of Appeal, and affirmed Justice Ekanem’s dissenting judgment. Consequently, the suit filed by Emmanuel at the Enugu State High Court (Suit No. E/882/2023) was struck out for lack of jurisdiction. The court ordered all parties to bear their respective costs.
This ruling strengthens the legal precedent that courts will not interfere in the internal affairs of political parties, particularly disputes over leadership positions, unless a plaintiff can demonstrate a direct violation of their personal rights under the party’s constitution. It emphasizes the importance of political parties resolving such disputes through their internal mechanisms, as outlined in their constitutions, before seeking judicial intervention.
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The decision is likely to influence how political parties handle leadership disputes and reinforces the judiciary’s reluctance to be drawn into intra-party conflicts. It also highlights the necessity for plaintiffs to establish clear locus standi when challenging party decisions, ensuring that only those with a direct stake in the matter can seek judicial redress.
TheNigerialawyer recalls that on Tuesday, leaders of the Peoples Democratic Party (PDP) met with the Independent National Electoral Commission (INEC), seeking clarification on a pressing internal issue: “Who is the recognised National Secretary?” However, they reportedly left without a definitive answer.
Sources revealed that during a closed-door session, INEC Chairman Prof. Mahmood Yakubu informed the PDP leaders that the recognition of a National Secretary is strictly an internal party matter, and it is not within the commission’s purview to make such a determination. Prof. Yakubu was quoted as saying that the Supreme Court judgment is clear that the issue is an internal affair which only the party can decide.
The crisis within the PDP further escalated on Wednesday, as tensions flared between Oyo State Governor Seyi Makinde and former Rivers State Governor Nyesom Wike. The clash centred on the proposed date for the party’s 100th National Executive Committee (NEC) meeting and the contentious move to reinstate Senator Samuel Anyanwu as National Secretary.
Makinde’s camp, which includes Governors Peter Mbah (Enugu), Douye Diri (Bayelsa), Ademola Adeleke (Osun), Dauda Lawal (Zamfara), 11 NWC members, and several party chieftains, insists the NEC meeting must hold on June 30 as planned.
They are also opposed to Anyanwu’s return as National Secretary.
In contrast, Wike’s allies — Governors Caleb Muftwang (Plateau), Kefas Agbu (Taraba), Adamu Fintiri (Adamawa), Bauchi State Governor Bala Mohammed, acting National Chairman Umar Damagum, National Organising Secretary Umar Bature, and National Legal Adviser Kamaldeen Ajibade (SAN) — are pushing for Anyanwu’s reinstatement and a postponement of the NEC meeting.
This deepening division comes just 24 hours after Damagum led top party officials to a high-level fact-finding session with the Independent National Electoral Commission in Abuja.
During a press conference on Wednesday at the party’s secretariat in Abuja, Damagum announced the reinstatement of Senator Anyanwu as National Secretary and the postponement of the party’s 100th NEC.
He described the decision to cancel the NEC meeting as difficult but one that had the backing of the majority of party members.
Responding, 11 out of 19 members of the National Working Committee rejected the reinstatement of Anyanwu as the party’s national secretary and insisted on the June 30th NEC.
PDP has been beset by persistent internal crises since losing power in 2015. These challenges include leadership disputes, wave of defections, and unresolved congress issues in key regions.
To manage the instability, the PDP appointed Setonji Koshoedo as acting National Secretary. However, a fact-finding committee led by Taraba State Governor Kefas Agbu revealed that the INEC still officially recognised Anyanwu as the legitimate National Secretary.
Based on this, the party’s 99th NEC had scheduled the 100th NEC meeting for June 30 and Damagum notified INEC via a letter dated May 30.
However, INEC rejected the letter, citing the PDP’s internal rules, which require that such correspondence be jointly signed by both the National Chairman and the National Secretary, and urged compliance with proper procedures.
Reacting to the controversy, PDP’s National Publicity Secretary, Debo Ologunagba, stated during a media briefing on Sunday that INEC’s role was limited to acknowledging notifications of party activities like congresses and conventions, not approving or controlling internal affairs.
However, in a statement issued on Monday, Damagum dissociated the party from Ologunagba’s remarks, describing them as personal opinions made without broad consultation.
However, flanked by Bauchi State Governor Bala Mohammed, former Senate President Bukola Saraki, and other key party figures, Damagum stated that the PDP would now hold an expanded National Caucus meeting on June 30 in place of the previously scheduled NEC meeting.
The acting National Chairman stated, “So, I want to use this opportunity to tell you that we will do the right thing and it is the decision of most members of this party led by the organs of the party. The leaders of the organs of the party will have an expanded caucus, so that we will discuss extensively the way forward to NEC. That would be on the 30th, we will issue the notice, there is not going to be NEC, but an expanded caucus.
“As it is, like they (INEC) told us, they don’t have any notice of NEC meeting from us because I was the only person that signed, and we have not followed the guidelines. So, that caucus (meeting) will take a decision for NEC as well as all critical issues brought before us and leading to our national convention.
“Anyanwu will resume as the National Secretary. I think that’s the most important thing.”
Damagum described the decisions as difficult but necessary sacrifice for the advancement of the PDP.
He stated, “INEC is our regulator and they have told us their position as it is, as it affects the issue surrounding the National Secretary. We are all aware that the National Secretary is a signatory of this party. It is a critical position that he holds.
“As such, we have decided to abide by the advice they gave us, especially as we have a very, very important election before us, that is the FCT election and we are running out of time. So we have no option but to abide by the decision.
“After due consultation and everything, we thought it’s a bitter pill and we have to swallow it. I want to use this opportunity to call on all our party faithful to know that it was a difficult decision. But the survival of the party is more than all of us, more than everything that you feel that you know and yearn for.”
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