The Supreme Court's recent ruling regarding the National Secretary position of the Peoples Democratic Party (PDP) has ignited a complex and multifaceted controversy within the party. On Friday, the apex court overturned the decision of the Court of Appeal, Enugu Division, which had affirmed the removal of Senator Samuel Anyanwu as the National Secretary. This judgment has plunged the PDP into deeper uncertainty, with both Anyanwu and Sunday Ude-Okoye claiming victory, and threatening to disrupt the fragile peace within the party.

The Supreme Court's five-member panel unanimously ruled that matters concerning the leadership or membership of a political party are internal affairs and should not be subject to judicial intervention. The court explicitly stated that the Federal High Court lacked the jurisdiction to initially hear the matter brought by Aniagwu Emmanuel. This pronouncement ostensibly brings an end to the legal wrangling; however, it simultaneously unleashes a fresh wave of internal conflict, leaving the PDP's leadership and members in considerable disarray.

The Genesis of the Dispute

The roots of the conflict between Anyanwu and Ude-Okoye trace back to April 2023, preceding the Imo State governorship election. Senator Samuel Anyanwu was elected as the party’s governorship candidate. Even before the primaries, concerns were raised by party stakeholders regarding Anyanwu’s dual role as National Secretary and governorship aspirant, which they argued, provided him with an unfair advantage. These stakeholders called for him to relinquish his position as National Secretary.

Former Deputy Speaker of the House of Representatives and ex-Imo governor, Emeka Ihedioha, withdrew from the governorship race, citing bias and accusing Anyanwu of leveraging his position to secure the party’s nomination. Ihedioha stated, 'I cannot continue in a process where the National Secretary is also a contestant. It is a clear conflict of interest.'

Following Anyanwu's securing the party’s nomination, South East stakeholders convened in Enugu and appointed Sunday Ude-Okoye, a former National Youth Leader, as the party’s National Secretary. However, Anyanwu's subsequent loss in the election to Governor Hope Uzodinma led him to attempt to return to his position at the party’s headquarters in Abuja, only to be rebuffed, triggering a series of litigations.

The Legal Journey to the Supreme Court

The dispute between Anyanwu and Ude-Okoye, and the endorsements of Ude-Okoye by the National Working Committee (NWC) and the South East Zonal leadership, led to a legal battle over the rightful occupancy of the National Secretary’s office. In October 2023, Aniagwu Emmanuel filed a suit at the High Court in Enugu State seeking resolution. The suit included the PDP, Acting National Chairman Ambassador Umar Damagum, Anyanwu as National Secretary, and High Chief Ali Odefa, the party’s National Vice Chairman for the South East Zone, who championed Ude-Okoye’s nomination.

The High Court ruled that Anyanwu, by holding both positions, had effectively made himself a judge in his own case. The court emphasized that the PDP constitution and the party’s electoral guidelines for primary elections, issued in March 2022, did not allow an individual to simultaneously serve as a governorship candidate and National Secretary. The court stated that the party did not contemplate a situation where the same person would emerge as a gubernatorial candidate and still occupy the position of the national secretary.

Consequently, the court restrained Anyanwu from parading himself as the party’s National Secretary, asserting that he had relinquished the position by conduct. Anyanwu appealed this decision, but on December 20, 2024, the Court of Appeal in Enugu upheld the High Court’s judgment, confirming Ude-Okoye as the rightful National Secretary. This prompted Anyanwu to escalate the matter to the Supreme Court.

Although his initial request for a stay of execution of the Appeal Court’s verdict was rejected, the Supreme Court's recent ruling has reignited the controversy and may lead to further realignments within the party.

Endorsements and Reactions

Key party organs, including the Governors’ Forum, the Board of Trustees (BoT), and the NWC, had previously endorsed Ude-Okoye as the rightful National Secretary. Following a meeting in Asaba, Delta State, PDP governors declared their support for Ude-Okoye, citing the Court of Appeal’s judgment and urging the NWC to implement the court’s decision. However, attempts by the BoT to mediate the crisis resulted in violence at the party’s headquarters in Abuja, as Anyanwu’s supporters attempted to eject Ude-Okoye from a BoT meeting.

Following the Supreme Court’s ruling, the NWC welcomed the decision, stating that it affirmed leadership positions as internal party matters beyond judicial jurisdiction. Debo Ologunagba, the party’s National Publicity Secretary, said the judgment reaffirmed Ude-Okoye’s position as the substantive National Secretary, duly nominated and ratified by the party’s statutory organs.

Meanwhile, factional National Vice Chairman (South South), Chief Dan Orbih, disagreed with the party leadership’s stance, urging Anyanwu to resume his duties as National Secretary. Orbih described the Supreme Court’s ruling as a reinforcement of the rule of law and constitutionalism within the party.

Anyanwu's Response

Efforts to reach Anyanwu for comment on the NWC’s statement affirming Ude-Okoye as the authentic National Secretary were unsuccessful. However, it was reported that Anyanwu visited the party’s headquarters with his supporters after the Supreme Court ruling, thanking FCT Minister Nyesom Wike for his support during the crisis.

Implications for the PDP

The Supreme Court’s ruling has placed the PDP at a critical juncture. The party’s leadership and members are divided, and political analysts warn that the crisis could deepen existing divisions, especially with the 2027 general elections on the horizon. The PDP, once Nigeria’s dominant political party, has struggled to maintain unity since its defeat in the 2015 presidential election.

The PDP National Working Committee (NWC) through its spokesman, Bode Ologunagba, has however maintained that Ude-Okoye remains the party's National Secretary, stating that the Supreme Court verdict confirms that the issue is not a judicial matter but entirely the internal affair of the party.

Counsel to Senator Anyanwu, Mr. K. C. O. Njemanze (SAN), has however disputed this position, stating that the Supreme Court affirmed Anyanwu's position as PDP National Secretary. He accused those propagating the position of the PDP NWC of deliberately misinterpreting the ruling of the apex court.

Supreme Court's Rationale

The Supreme Court, in its unanimous ruling, stated that both the High Court of Enugu State and Court of Appeal in Enugu lacked jurisdiction to hear the cases that led to the appeal before them. Justice Jamilu Tukur, in the lead judgment, held that the issues in the suit filed by Emmanuel Aniagwu at the High Court of Enugu State bordered on matters relating to the internal affair of the PDP, which are not justiceable and over which no courts have jurisdiction.

The court emphasized that Anyanwu’s participation in the last governorship election in Imo State as the candidate of the PDP was pursuant to the approval of the party’s leadership. The court also found that Aniagwu lacked the locus standi (the legal right) to have filed the suit, describing him as a busy body and an interloper.

As the party grapples with internal strife, the focus now shifts to whether the PDP can reconcile its factions and present a united front ahead of future elections.