A’ Court Nullifies Judgment Sacking Anambra PDP’s EXCO

*PDP, Ozigbo describe ruling as victory for democracy

Alex Enumah and Chuks
Okocha in Abuja and David-Chyddy Eleke in Awka

The Abuja Division of the Court of Appeal yesterday nullified the judgment of a High Court of the Federal Capital Territory (FCT) which ordered the sack of the Anambra State Executive Committee of the Peoples Democratic Party (PDP).

This is as the PDP and its governorship candidate in the November 6 elections in Anambra State, Mr. Valentine Ozigbo, have hailed the judgement of the Court of Appeal, describing the ruling as victory for democracy.

The judgment was nullified on grounds that the FCT High Court lacked territorial jurisdiction to hear and decide a matter bordering on the leadership of the PDP in Anambra State.

It would be recalled that Justice Olukayode Adeniyi had on June 9, sacked the Anambra State executive on grounds that the PDP violated its constitution in the conduct of the South-east Zonal congress of March 6, 2021 and the appointments made therein.

The suit at the trial court marked: HC/CV/774/2021 was filed by Samuel Anyakolah (for himself and all local government chairmen and ward executives that emerged from the Anambra PDP congress conducted on November 28 and December 1, 2017 under the supervision of Sir Chukwudi Umeaba, as Acting Chairman State Caretaker Committee).

Dissatisfied with the decision of the FCT High Court, the PDP and Mr. Uchenna Obiorah in their separate appeals marked: CA/A/359/2021 and CA/A/CV/368/2021 respectively approached the appellate court to upturn the decision of the trial court.

The appellate court in two judgments delivered by Justice Stephen Adah and Elfreda Williams-Daudu, upheld the two appeals and accordingly set aside the judgment of the FCT High Court delivered on June 9, 2021.

They subsequently faulted all pronouncements made by the trial court.

Adeniyi, in the judgment agreed with the plaintiff/claimant) that the PDP violated its constitution in the conduct of the South-east zonal congress of March 6, 2021 and the appointments made therein.

The judge proceeded to declare among others, that “all congresses, designations or appointments made by the first defendant (the PDP), with respect to the positions of the state chairman, EXCO members and local government chairmen, as contained in pages 14,15 and 16 of the South-east zonal congress brochure of March 6, 2021 are hereby nullified and set aside.”

He also declared that it is unlawful for the PDP, whether during its South-east zonal congress of 6th March or at any time, to adopt or publish the name of a state chairman, alongside persons purporting to be his EXCO members, local government chairmen and national delegates, without recourse to the extant list of the already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report.”

The judge ordered the PDP to henceforth, recognise and adopt only the list of the already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report, under the supervision of Sir Chukwudi Umeaba, who shall continue to act in the capacities for which they were duly elected.

Plaintiff had claimed that the PDP arbitrarily imposed state chairmen, Exco members and local government chairmen and national delegates on members in its South-east zonal congress of March 6, 2021.

He contended that the congress was held in disregard of an extant list of already inaugurated party officers and delegates that emerged from the Anambra PDP congresses conducted on November 28, 2017 and December 1, 2017 validated by Senator France Bent Ward Congress Appeal Panel report and Barrister Ukpai Ukairo Local Government Appeal Panel report.

The PDP described the judgement as victory for democracy and the majority of the people of Anambra State who are fully rallying with the party and its governorship candidate, Valentine Ozigbo, in their quest to entrench a purposeful government in the state.

The PDP in a statement by the National Publicity Secretary, Kola Ologbondiyan, said that the ruling gives the party and its candidate, Valentine Ozigbo the comfort that they are on the right side of justice “because the judgment that has just been set aside is the superstructure upon which certain individuals who did not participate in our primary are seeking to distract our party and the people of Anambra State ahead of the election.”

“With this ruling, the PDP is confident of justice in other matters pending in court, and urges our teeming members and supporters to remain united in our determination to work with the people of Anambra to achieve their aspiration which they have vested in our party and candidate, especially as we set to commence a robust campaign in Anambra State,” the party said.

Ozigbo while reacting to the ruling through Aziza Uko, the Media Advisor of the Valentine Chinaeto Ozigbo Campaign Organisation said the ruling was encouraging.

The release read: “This ruling gives us comfort that our party, the PDP, is on the side of justice and that justice will prevail in the other matters before the courts with regards to the candidacy of Valentine Ozigbo and the primary conducted by the National Working Committee of our party.”

“Valentine Ozigbo is grateful for all the support and encouragement, and goodwill he has received since he won the primary, especially from people of Anambra State, PDP Governors, and the leadership of the party at ward, local government, state and national levels.

“We are resolute in our resolve to actualise our grand vision to rescue Ndi Anambra from the abysmal All Grand Progressives Alliance (APGA) government come November.

“PDP remains the only platform positioned to take power from APGA and we are confident that soon all litigation will be left in the past and we will march in our quest to deliver positive transformation to the people of Anambra.”