The Federal High Court in Abuja on Monday awarded a N150,000 fine against Samuel Anyanwu, the embattled Peoples Democratic Party (PDP)’s national secretary, for stalling the judgment in his suit filed to challenge his planned removal.
Justice Inyang Ekwo awarded the fine after Mr Anyanwu’s lawyer, Ken Njemanze, SAN, begged the court that he had just filed a motion to amend the suit, notwithstanding that the matter was fixed for judgment.
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Mr Ekwo, who fixed 19 May for hearing of the motion, ordered that the fine be paid before the next adjourned date.
The News Agency of Nigeria (NAN) reports that Mr Ekwo had, on 25 March, fixed Monday for judgment in Mr Anyanwu’s suit seeking to stop his removal as PDP’s national secretary.
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The judge fixed the date after Mr Njemanze and defence lawyers adopted their processes and presented their arguments for and against the suit.
Mr Ekwo also ordered Mr Njemanze to make available to the court within seven days of the order the judgement of the Supreme Court delivered on 21 March.
NAN reports that the Supreme Court had, on 21 March, set aside the decision of the Court of Appeal, Enugu Division, delivered on 20 December 2024, which affirmed the removal of Mr Anyanwu as the national secretary of PDP.
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In a unanimous judgment by a five-member panel, the court ruled that matters concerning the leadership or membership of a political party are internal affairs and should not be subject to judicial intervention.
It held that the Federal High Court lacked jurisdiction to hear the matter initially brought by Aniagwu Emmanuel, a member of the party.
However, the judgment, expected to bring an end to the crisis, had left the PDP leadership and members in disarray, as the two main parties in the suit; Anyanwu and Sunday Ude-Okoye, now claim to be valid national secretary after the Supreme Court’s decision.
Meanwhile, Mr Anyanwu, in the instant suit, had originally sued the Independent National Electoral Commission (INEC) and Umar Damagun, the acting National Chairman of PDP, as 1st and 2nd defendants.
In the ex-parte motion: marked: FHC/ABJ/CS/254/2025 dated and filed on 13 February by Mr Njemanze, Mr Anyanwu sought two prayers.
He sought an order of interim injunction, restraining INEC from accepting, acting on or giving effect to any correspondence from the PDP not signed by him pending the hearing and determination of the motion on notice for interlocutory injunction.
He also sought an order of interim injunction restraining Mr Damagun from dispatching to INEC any correspondence purportedly emanating from PDP signed by the acting chair and not counter signed by him.
However, the court had, on 28 February, joined the PDP and Mr Udeh-Okoye in the suit as 3rd and 4th defendants.
The judge equally joined Ali Odela and Setonji Koshoedo as 5th and 6th defendants respectively.
While Mr Odela is said to be the national vice chairman, PDP South-east, Mr Koshoedo is said to be the deputy national secretary of the party.
Earlier when the matter was called, Mr Njemanze acknowledged that the matter was fixed for judgment.
The senior lawyer, however, said that he had a motion to amend their originating process to correct the issue for determination.
“After the matter was fixed for judgment and on the date of judgment, you bring an application for amendment?” the judge asked.
Responding, Mr Njemanze said that by virtue of Order 17, Rule 1 of the Federal High Court, the court is conferred with the discretionary power to amend any process before judgment.
The judge then asked lawyers representing the defendants if they had been served.
While INEC’s lawyer, Ahmed Mohammed, acknowledged being served, he said they did not intend to respond.
Akintayo Balogun, who appeared for Mr Damagun, said though they were served on Thursday (24 April), the application cannot be taken because the business of the day was for judgment.
According to him, this application seeks to arrest the judgment of this court.
When the judge asked if they had responded, Mr Balogun said: “We have not reacted because we are still within time.”
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E.E. Ekere, who represented Mr Udeh-Okoye, said they were served on 24 April and planned to respond.
Mr Koshoedo’s counsel, J.A. Musa, however, told the court that they had not been served.
But Mr Njemanze insisted that all the defendants had been served according to information at his disposal.
Justice Ekwo consequently adjourned the matter until 19 May for hearing of the motion.
“However, since the matter has been fixed for judgment and proceeding of court has been disrupted, I make an order that the learned silk for the plaintiff to pay a fine of N150,000.
“And the said fine to be paid before the next adjourned date,” the judge ruled.
(NAN)
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