The Federal High Court in Abuja on Tuesday dismissed a suit filed by Senator Samuel Anyanwu, the former factional National Secretary of the Peoples Democratic Party (PDP), seeking judicial recognition as the party’s substantive scribe.
Justice Mohammed Umar struck out the suit after it was confirmed that Anyanwu’s tenure as PDP national secretary expired in December 2025, rendering the case overtaken by events.
Anyanwu had approached the court in suit number FHC/ABJ/CS/254/2025, naming the Independent National Electoral Commission (INEC) and Umar Damagun, the former acting National Chairman of the PDP, as first and second defendants.
In the ex-parte motion dated February 13, 2025, and filed by his counsel, Ken Njemanze, the former secretary sought two interim injunctions. He asked the court to restrain INEC from accepting, acting on, or giving effect to any correspondence from the PDP not signed by him, pending the determination of a motion on notice for interlocutory injunction.
He also prayed the court to restrain Damagun from dispatching any correspondence to INEC purportedly emanating from the PDP unless such communication was countersigned by him as national secretary.
However, on February 28, 2025, the court joined the PDP and Sunday Udeh-Okoye as third and fourth defendants in the suit. Justice Umar also joined Dr Ali Odela, identified as the PDP’s National Vice Chairman (South East), and Mr Setonji Koshoedo, the party’s Deputy National Secretary, as fifth and sixth defendants respectively.
When the matter was called on Tuesday, U.C. Njemanze-Aku, who appeared for Anyanwu, informed the court that his client’s tenure as PDP national secretary had expired in December 2025.
He told the court that continuing with the case would be improper, as events had overtaken the reliefs being sought.
“In the interest of justice, I apply to withdraw this matter to save the time of the court,” Njemanze-Aku said.
Responding, counsel to INEC, Akintayo Balogun, argued that the suit “ought not to have been instituted in the first place” and urged the court to dismiss it with costs. He specifically asked the court to award ₦1 million as costs against the plaintiff.
Counsel to Damagun, M. O. Akpan, aligned with INEC’s position, while Ugochukwu Okanu, representing the fourth defendant, also supported the application for dismissal and requested a ₦1 million cost award. Similarly, J. A. Musa, counsel to the sixth defendant, raised no objection to the withdrawal but sought costs in the same amount.
Opposing the requests for costs, Njemanze-Aku urged the court not to penalise his client, insisting that the withdrawal was occasioned by 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, adding that “it is not fair to penalise the plaintiff.”
After listening to all parties, Justice Umar dismissed the suit and declined to award costs.
“Since you have joined issues, I am going to dismiss this matter. The matter is hereby dismissed,” the judge ruled.
On the issue of costs, he added: “The delay is not on any of the parties. The situation made it so. For this reason, I award no cost.”
The legal tussle over the PDP national secretary position dates back to when Anyanwu vacated the office to contest the 2023 Imo State governorship election, which he lost. His subsequent attempt to reclaim the position triggered internal disputes within the party, with Sunday Udeh-Okoye emerging as a rival claimant.
On December 20, 2024, the Court of Appeal in Enugu upheld an earlier Federal High Court judgment removing Anyanwu and affirming Udeh-Okoye as the authentic national secretary. Anyanwu challenged the ruling, filing a stay of execution and later approaching the Supreme Court.
In March 2025, the Supreme Court overturned the decisions of the lower courts and reinstated Anyanwu as PDP national secretary. Despite the apex court’s ruling, leadership disputes persisted within the party, with rival factions continuing to assert control of the national secretariat.
In a bid to clarify his status, Anyanwu filed a fresh suit at the Federal High Court in Abuja seeking enforcement of the Supreme Court judgment and related declarations. In November 2025, Justice Umar granted his application to amend the originating summons in the case, awarding ₦30,000 in costs to each defendant and adjourning the matter to January 20, 2026, for hearing.
Tuesday’s dismissal effectively brings the latest legal chapter in the PDP secretaryship crisis to an end, following the expiration of Anyanwu’s tenure.
