The national secretariat of Peoples Democratic Party (PDP), on Sunday, opened for business after a 20-day Christmas and New year break, with the lingering leadership battle festering further over the office of the party’s national secretary.
The PDP schedule of activities did not include the National Executive Committee (NEC) meeting mandated by the governors to take place in the first week of February this year.
Senator Samuel Anyanwu was still claiming to be the national secretary, while Sunday Ude-Okoye, the Court of Appeal-mandated scribe, insisted he had a date with history.
Anyanwu told THISDAY that as far as the party was concerned, before it went on break on December 20, he was National Secretary and nothing had changed. He said there were processes to any change in office.
Anyanwu explained that no change had taken place since the party went on break and moreover, the National Working Committee (NWC), of which he was a member, had not met since the break.
“I am the Chief Accounting Officer and National Secretary of the PDP. We are on break and the secretariat is closed. I wonder where and how it is said that I have been changed,” he said.
Besides, Anyanwu had written a letter to members of the NWC, Board of Trustees, and NEC on why the Court of Appeal judgement should be stayed till the Supreme Court decided.
In the letter addressed to the NWC, BoT and NEC members, titled, ”The Legal position on the Enugu Court of Appeal Judgement,” Anyanwu cited legal precedence why the Court of Appeal judgement should be stayed.
He stated, “Please, regarding the appeal court judgement in Enugu on the issue of the office of the National Secretary, it is important you note the following: “In Nigeria, the general rule is that when an application for a stay of execution has been filed and is pending, the judgement cannot be enforced until the application is determined.
“According to the Nigerian Court of Appeal, in the case of OGBUNYANWA V. OKUDO (2013) LPELR20815(CA), ‘once an application for stay of execution is filed and pending, it operates as a bar to the execution of the judgement, pending the determination of the application.
“Similarly, the Nigerian Supreme Court, in the case of A-G . FEDERATION V. S.P.D C. NIG. LTD. (2014) LPELR-2314XSC), held that, ‘Where an application for stay of execution is pending, the judgement creditor is restrained from executing the judgement until the application is determined.’
“An exception to this general rule is when the application for stay of execution is deemed abandoned or withdrawn, then the judgement can be enforced. In this instance, my application for the stay of execution has been filed and pending in court for determination.
“In addition, the judgement has been appealed in the Supreme Court with case number assigned. I have not in any way shown a loss of interest in prosecuting the case, as a result my position as National Secretary of the party remains sacrosanct.
“Anybody or group of persons wishing to subvert this provision of the law is, therefore, cautioned to restrain from such. We are believed to be law-abiding citizens and should conduct ourselves with utmost decorum.”
On his part, Ude-Okoye said, “I have the Court of Appeal order in my favour and it is the second highest court in the country. I will keep date with history by assuming my position as the national secretary.”
Ude-Okoye went further to list his agenda as the national secretary of the party, saying he would ensure that NEC meetings took place as and when due.
He claimed that no court had given a stay of execution with regard to the Court of Appeal judgement against Anyanwu.
Anyanwu stated that he had appealed the sack order on him by the Court of Appeal and within the week, the stay would be granted.
He explained that the stay was delayed due to the Christmas and New Year break, arguing that legally, he would continue to hold the office until a final decision is made by the Supreme Court.
But Ologunagba disagreed, and stated that the Court of Appeal judgement was a declarative judgement, whose permission must be obtained before an appeal to the Supreme Court.
Meanwhile, the party’s 2025 Time-Table and Schedule of Activities released by the party’s Directorate of Organisation and Mobilisation in Abuja did not contain any NEC meeting.
Chuks Okocha
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