The Supreme Court has set aside the December 22, 2024 majority judgment of the Court of Appeal in Enugu sacking Senator Samuel Anyanwu as the National Secretary of the Peoples Democratic Party (PDP).
A five-member panel of the apex court, presided over by Justice Uwani Abba-Aji was unanimous, in a judgment on Friday, that both the High Court of Enugu State and Court of Appeal in Enugu lacked the jurisdiction to have heard the suit.
Justice Jamilu Tukur, in the lead judgment, held that the issues in the suit filed by Emmanuel Aniagwu at the HIgh Court of Enugu State bordered on matters relating to internal affairs of the PDP which are not justiciable and over which no courts have jurisdiction.
Justice Tukur also held that Anyanwu’s participation in the last governorship election in Imo State, as the candidate of the PDP was pursuant to the approval of the party’s leadership as against the claim by Aniagwu.
He also found that Aniagwu lacked the locus standi (the legal right) to have instituted the suit having not shown the injury he suffered and how Anyanwu’s conduct affected him personally, describe him as a busy body and an interloper.
Justice Tukur also noted that S. K. E. Ude-Okoye, who would have been the beneficiary of the case, was not made a party.
He affirmed the minority judgment of the Enugu division of the Court of Appeal, delivered by Justice Ekanem, where he held that the court was without the requisite jurisdiction to heard the case.
Justice Tukur proceeded to strike out the suit filed by Aniagwu before the High Court of Enugu State for want of jurisdiction.
