ENUGU, Nigeria (VOICE OF NAIJA)- The Federal High Court sitting in Abuja on Tuesday dismissed a suit filed by Samuel Anyanwu, a former factional National Secretary of the Peoples Democratic Party (PDP), seeking judicial recognition as the party’s substantive scribe.
The suit was struck out by Justice Mohammed Umar after it emerged that Anyanwu’s tenure as PDP national secretary had elapsed in December 2025, effectively overtaking the reliefs sought before the court.
Anyanwu had approached the court in suit number FHC/ABJ/CS/254/2025, naming the Independent National Electoral Commission (INEC) and Umar Damagum, former acting National Chairman of the PDP, as first and second defendants.
In an ex parte motion dated February 13, 2025, and filed by his counsel, Ken Njemanze, the former secretary sought interim injunctive reliefs restraining INEC from recognising or acting on any correspondence purportedly emanating from the PDP unless signed by him.
He also asked the court to bar Damagum from forwarding to INEC any PDP correspondence not countersigned by him, pending the determination of a substantive interlocutory application.
However, on February 28, 2025, the court expanded the suit by joining the PDP and Sunday Udeh-Okoye as third and fourth defendants, respectively.
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Justice Umar further joined Dr Ali Odela, identified as the PDP National Vice Chairman (South-East), and Mr Setonji Koshoedo, the party’s Deputy National Secretary, as fifth and sixth defendants.
When the matter was called on Tuesday, U.C. Njemanze-Aku, appearing for Anyanwu, informed the court that his client’s tenure as national secretary had since expired.
He told the court that continuing with the suit would be improper, as events had rendered the claims academic.
“In the interest of justice and to save the court’s precious time, we apply to withdraw this matter,” the lawyer said.
Responding, counsel to INEC, Akintayo Balogun, argued that the suit ought never to have been filed and urged the court to dismiss it with costs, demanding N1 million.
Counsel for Damagum, M. O. Akpan, as well as Ugochukwu Okanu, representing Udeh-Okoye, aligned with INEC’s position and also requested costs of N1 million each.
Similarly, J. A. Musa, counsel for the sixth defendant, did not oppose the withdrawal but pressed for an award of costs.
However, Njemanze-Aku objected to the demand for costs, insisting that the withdrawal was prompted by circumstances beyond the plaintiff’s control.
“We owe a duty to the court. It would be unfair to penalise the plaintiff for avoiding needless judicial time-wasting,” he argued, urging the court to order parties to bear their respective costs.
After hearing all submissions, Justice Umar dismissed the suit outright but declined to award costs.
“Since parties have joined issues, the matter is hereby dismissed,” the judge ruled.
On costs, he added: “The delay was not occasioned by any party. The situation made it so. Consequently, no cost is awarded.”
The legal tussle over the PDP national secretary position began after Anyanwu vacated the office to contest the 2023 Imo governorship election, which he lost.
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Following his defeat, attempts to reclaim the position triggered internal disputes within the party, with Udeh-Okoye emerging as a rival claimant.
On December 20, 2024, the Court of Appeal in Enugu affirmed an earlier Federal High Court judgment removing Anyanwu and recognising Udeh-Okoye as the authentic national secretary.
Anyanwu subsequently filed for a stay of execution and escalated the matter to the Supreme Court.
In March 2025, the Supreme Court overturned the lower courts’ rulings, effectively removing Anyanwu from the position.
Despite the apex court’s pronouncement, the crisis persisted, with rival factions laying claim to authority within the PDP national secretariat.
Seeking to resolve the uncertainty, Anyanwu later filed a fresh suit at the Federal High Court in Abuja, which he amended in November 2025 with the court’s approval.
Justice Umar granted the amendment but awarded N30,000 in costs to each defendant and adjourned the case to January 20, 2026 culminating in Tuesday’s dismissal.