PDP Crisis: Court Dismisses Anyanwu’s Suit Against INEC, Others
The Federal High Court in Abuja on Tuesday dismissed a suit filed by Sen. Samuel Anyanwu, the former factional National Secretary of the Peoples Democratic Party (PDP), seeking recognition as the party’s scribe.
Anyanwu, in the suit marked: FHC/ABJ/CS/254/2025, had originally sued the Independent National Electoral Commission (INEC) and Umar Damagun, the former acting National Chairman of PDP, as 1st and 2nd defendants.
In the ex parte motion dated and filed on Feb. 13, 2025, by his lawyer, Ken Njemanze, Anyanwu sought two prayers.
He had 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 an interlocutory injunction.
He also sought an order of interim injunction restraining Damagun from dispatching to INEC any correspondence purportedly emanating from PDP signed by the acting chair and not countersigned by him.
However, the court had, on Feb. 28, 2025, joined the PDP and Sunday Udeh-Okoye as the 3rd and 4th defendants in the suit.
The judge equally joined Dr Ali Odela and Mr Setonji Koshoedo as the 5th and 6th defendants, respectively.
While Odela was said to be the national vice chairman of the PDP’s South East, Koshoedo was said to be the party’s deputy national secretary.
When the case was called, U.C. Njemanze‑Aku, who appeared for Anyanwu, told the court that his client’s tenure as the PDP secretary expired in December last year.
The lawyer said he felt it was improper to continue with a matter that had been overtaken by events.
“In the interest of justice, I apply to withdraw this matter to save the time of the court,” he said.
Responding, Akintayo Balogun, lawyer for INEC, said the suit “ought not to have been instituted in the first place.”
Balogun, therefore, prayed the court to dismiss it with costs.
He asked for a N1 million naira cost.
- O. Akpan, counsel for Damagun, aligned with Balogun’s submission, while Ugochukwu Okanu, representing the 4th defendant, also aligned and requested one million naira.
Also, the 6th defendant’s lawyer, J. A. Musa, did not object to the application but sought N1 million in costs.
However, Njemanze-Aku frowned on the defence’s positions and objected to an award of costs in favour of the defendants.
He insisted that the withdrawal was due to circumstances beyond their control.
“We owe a duty to the court, and to avoid wasting its time, we decided to withdraw the case,” he said.
He added that “it is not fair to penalise the plaintiff,” and urged the court to allow the parties to bear their own costs.
Judge Umar, after taking their arguments, dismissed the suit without awarding any costs.
“Since you have joined issues, I am going to dismiss this matter.
“The matter is hereby dismissed,” he ruled.
On costs, the judge held: “The delay is not on any of the parties. The situation made it so. For this reason, I award no cost.”
