The leadership crisis rocking the main opposition political party, People’s Democratic Party (PDP) is showing no signs of abating as top party sources hinted that the National Secretary, Senator Samuel Anyanwu, will resume work today at the party’s national secretariat in Abuja.
The Court of Appeal, Enugu Division, had on December 20, 2024, affirmed the nomination of former PDP National Youth Leader, Sunday Ude-Okoye, as replacement for Senator Samuel Anyanwu as national secretary.
On the heels of Anyanwu emerging the PDP governorship candidate in Imo State, the south-east chapter of the party, in a curious move alien to the PDP constitution, nominated Ude-Okoye as his replacement.
At least two PDP Governors, national publicity secretary, Barrister Debo Ologunagba, as well as chairman of the party’s Board of Trustees, Senator Adolphus Wabara, are reportedly leading the charge to remove Anyanwu.
Checks revealed thst no part of the PDP Constitution compels any of its officers vying for non-party political office, to resign his party position.
Before Anyanwu, several serving PDP officers had contested for other political offices without resigning their party position. For instance, under Ologunagba’s watch, his deputy, Ibrahim Abdullahi, contested for the PDP guber ticket in Kebbi State, and is back in office without Ologunagba or any other party officer calling for his removal.
Several legal experts said Anyanwu’s decision to resume office is in order, having filed a stay of execution and an appeal before the Supreme Court.
“The general rule is that when an application for a stay of execution has been filed and is pending, the judgment cannot be enforced until the application is determined,” said a senior lawyer who did not want his name in print.
Citing the case of OGBUNYANWA V. OKUDO (2013) LPELR-20815(CA), he noted, “once an application for stay of execution is filed and pending, it operates as a bar to the execution of the judgment, pending the determination of the application.”
The senior lawyer expressed surprise that the party’s national publicity Secretary, Debo Ologunagba, himself a lawyer, would be calling for the national secretary’s ouster when an application for a stay of execution of the Court of Appeal’s judgement is before the Supreme Court.
He said, “I think the PDP spokesman’s position is personal and borne out of mischief. In fact, a case of sour grapes. He can’t feign ignorance of the fact that in the case of AG FEDERATION V. S. P. D. C. NIG. LTD. (2014) LPELR-23143(SC), the Supreme Court held that ‘where an application for stay of execution is pending, the judgment creditor is restrained from executing the judgment until the application is determined'”.
The lawyer noted that even though there are rare exceptions to this general rule, including when judgment grants leave for execution pending appeal, or if the application for stay of execution is deemed abandoned or withdrawn, the judgment can still be enforced, he, however, noted that the PDP case is different.
A PDP chieftain wondered aloud why Debo Ologunagba and Adolphus Wabara didn’t advise Governors Caleb Mutfwang of Plateau and his Zamfara State colleague, Dauda Lawal, to quit after the Court of Appeal sacked them, but addressed press conferences affirming the right of both PDP governors to challenge their removal at the Supreme Court.
“Governors Caleb Mutfwang and Dauda Lawal successfully challenged their removal at the Supreme Court and are today one of our best governors,” noted the PDP chieftain, adding, “had they slept on their right to challenge their removal up to the Supreme Court, Professor Nentawe Yilwatda and Hon. Bello Matawalle would have been governors of Plateau and Zamfara, respectively today,” he declared.
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