…dismisses motion for stay of execution
The Supreme Court has reserved judgment in an appeal filed by Senator Samuel Anyanwu over the leadership tussle between him and Sunday Ude-Okoye for the position of National Secretary of the Peoples Democratic Party (PDP).
Presiding over a five-member panel, Justice Uwani Abba-Aji stated that the judgment date would be communicated to the parties once it is ready.
The decision was announced on Monday after the court heard final arguments from lawyers representing both sides.
Anyanwu’s appeal challenges an earlier ruling by the Court of Appeal in Enugu, which removed him as PDP’s national secretary following his resignation to contest the Imo state governorship election.
The Court of Appeal, in its judgment recognised Ude Okoye as the party’s national secretary and proceeded to issue an order directing Ude Okoye to immediately act as national secretary of the PDP.
At Monday’s proceedings, Anyanwu’s lawyer, Ken Njemanze (SAN) withdrew the motion for stay of execution of the judgment of the Court of Appeal pending the determination of the substantive appeal.
Njemanze withdrew the motion upon being told by Justice Abba-Aji that it was not court’s transition to grant stay of execution of judgments.
She said since the appeal was ripe for hearing and the court was ready to hear it, there was no need dissipating energy on the motion for stay.
When Njemanze applied to withdraw the motion, lawyer to Aniagu Emmanuel (the respondent), Paul Erokoro (SAN) did not object, following which the court dismissed it.
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Njemanze proceeded to make his final submissions after adopting the appellant’s written briefs.
Njemanze urged the court to set aside the judgment of the Court of Appeal, which affirmed an earlier judgment of the Federal High Court, removing him from office .
The appellant’s lawyer noted that his client took permission from the party’s leadership to contest the governorship election in Imo State, arguing that he could not lawfully be removed from office when his tenure has not expired.
In his submission, Erokoro argued that the reliefs being sought by Anyanwu violated the Constitution of the PDP.
He contended that having resigned as the National Secretary to contest election, Anyanwu could not be allowed to return to the same office.
PDP and Ambassador Illiya Damagun who are the 2nd and 3rd respondents in the appeal did not file any document for or against Anyanwu’s appeal.
The fourth respondent, Ali Odeifa opposed the appeal.
Odeifa who was represented by lawyer Okwudili Anozie urged the apex court to dismiss appeal for being frivolous and packing in merit.