Senator Samuel N. Anyanwu v. Aniagu Emmanuel & Ors (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JAMILU YAMMAMA TUKUR, JSC (Delivering the leading judgment)

This is an appeal against the majority judgment of the Court of Appeal, Enugu Judicial Division in appeal No. CA/E/23/2024 delivered on 20th December, 2024 with Hon. Justice Joseph Eyo Ekanem, JCA dissenting, which affirmed the judgment of the High Court of Enugu State holden at Enugu delivered on 22nd December, 2023 coram C. O. Ajah

PHD wherein the trial court entered judgment in favour of the 1st respondent.

The summary of the facts that metamorphosed to this appeal is that the 1st respondent as plaintiff, acting on the belief that by the rules of his Political Party-the People’s Democratic Party, the appellant was not eligible to present himself as candidate for Gubernatorial elections conducted in Imo State in 2023 and also continue to hold the office of the National Secretary of the 2nd respondent filed an action before the High Court of Enugu State, with the appellant sued as the 3rd defendant, seeking the determination of the following questions thus:

i. Whether the Constitution of the 1st defendant and the Electoral Guidelines for Primary Elections made thereunder, the active participation of the 3rd defendant contemplates a situation whereby a member of the 1st defendant as the Gubernatorial candidate of the 1st defendant in any State of the Federation can still in turn remain as the National Secretary of the 1st defendant.

ii. Whether the organs of the 1st defendant are not bound to observe the twin pillars of natural justice, especially the second principle, “nemo judex in propria causa sua” in all its deliberations and actions affecting the personal interests of her members.

iii. Whether by conduct of the 3rd defendant in buying the form for the Imo State Gubernatorial Primary election of the 1st defendant, causing himself to be nominated as an aspirant to that primary election, submitting his nomination forms, attending the screening, and standing the primary election during which he was returned elected as the candidate of the 1st defendant for that forthcoming election into the Governorship seat of Imo State, the said 3rd defendant had not relinquished his position as the National Secretary of the 1st defendant.

iv. Whether by the circumstances of the election of the 3rd defendant as the Gubernatorial candidate of the 1st defendant in Imo State, the National Executive Committee of the 1st defendant is not duty bound to pick another National Secretary of the 1st defendant from the South East Zone of the party.

v. Whether by picking and forwarding to the 2nd defendant the name of a member of the 1st defendant from the South East to fill the position of National Secretary of the 1st defendant, the 4th defendant was not assisting the 2nd defendant in carrying out the duties and responsibilities thrust upon the said 2nd defendant by section 47(6) of the 2017 Constitution of the 1st defendant.

vi. Whether in the face of the particular circumstance of these facts, the 2nd defendant can reject the candidate already picked by the South East Zone of the 1st defendant headed by the 4th defendant.

vii. Whether the honourable court can compel the said 2nd defendant to act when he refuses to act; in order to preserve the political sanctity of the 1st defendant.

He thereafter sought the following reliefs:

1. A declaration that the 3rd defendant was elected National Secretary of the 1st defendant in 2021 and has remained so till date, and as National Secretary, he is by the provisions of the 1st defendant’s Constitution as well as the Electoral Guidelines for Primary Election of the 1st defendant made by the National Executive Committee of the 1st defendants by dint of the provisions of sections 31(20)(j) and 50(1) of the Constitution of 1st defendant, 2017 and he:

(a) Draws up the list of members of the Gubernatorial Screening Committee for each of the six geo-political zones of the 1st defendant in the country when decision on it is taken by the National Executive Committee.

(b) Writes and signs or causes to be written and signed letters to the individual members appointing them members of the Gubernatorial Screening Committee of six geo-political zones of the party in the country from the list already prepared and signed by him.