The Supreme Court has returned Samuel Anyanwu as National Secretary of the People’s Democratic Party, PDP.
In a unanimous judgment, a five-member panel of the Apex Court said matters bordering on the leadership or membership of a political party is its internal affair and should not be the business of a Court.
This decision sets aside the decision of the Appeal Court, Enugu Division which affirmed the removal of Anyanwu by a Federal High Court in Enugu.
The Apex Court says the Federal High Court lacked jurisdiction to have heard the matter instituted by Aniagwu Emmanuel.
In the lead judgment read by Justice Jamilu Tukur, the Supreme Court says the exceptional circumstances that would have given jurisdiction for the Court to decide on the internal affairs of a political party were missing.
It is reported that Anyanwu had earlier left the secretary position to contest for Imo governorship election, only to return after losing in the guber poll.
These exceptional circumstances as stated by the Court are: if the Nigerian Constitution gives the Court such jurisdiction, when there is the commission of a crime or violation of contractual rights.
The Apex Court held that Sunday Udeh Okoye not being joined in the case means that Aniagwu Emmanuel lacked the legal rights to have instituted the matter at the Enugu Division of the Federal High in the first instance.
