Onyekachi Eze 
…His sack a declaratory judgement, can’t be stayed – Ologunagba
Senator Samuel Anyanwu on Monday resumed office as National Secretary of the Peoples Democratic Party (PDP) despite his sack last December by the Court of Appeal Division in Enugu.
The court in the judgement delivered on December 20, 2024, by Justice R. M. Abdullahi declared Anyanwu’s appeal against the December 2023 High Court judgement that had earlier sacked him as “unmeritorious.”
The judge reaffirmed the lower court’s decision that former PDP National Youth Leader Sunday Ude-Okoye, who was nominated by the South East stakeholders to serve out Anyanwu’s tenure, should succeed him as National Secretary.
On January 6, 2025, Anyanwu was issued a contempt of court order, Form 48, which warned that “unless you obey the directions contained in this order, you will be guilty of contempt of court and will be liable to be committed to prison.”
But Anyanwu who arrived PDP national secretariat at about 11 am, took over the National Secretary’s office on the 4th floor of the building.
He told journalists that he has appealed against the Court of Appeal judgement, as well as stay of execution, to the Supreme Court.
“Obviously what it means is that the position will remain as it is until it is determined by the Supreme Court. Today is our resumption day.
“What I have to say is that this party belongs to the people, not to an individual, not to a person, not to a group, but to the people.
“So I always ask for our party faithful to be strong, to remain firm with the party, and let’s work together (ahead) 2027.
“It is possible for us to get that presidency, which all of us have been suffering from and that is why we are here anyway,” he said.
PDP National Publicity Secretary Debo Ologunagba, however, said the Court of Appeal judgement is a declaratory judgment that cannot be stayed.
He also added that the party has not received any stay of execution order, and described Anyanwu’s resumption as unfortunate.
“This is not the time for the party to go through this kind of embarrassing situation. We are a country of rule of law and order.
“If you have a stay of execution, it is a process. You have to serve the parties involved. As I said, the party, PDP, has not received either a notice of motion for a stay or been served a stay of execution,” he stated.
Ologunagba explained that there is a process followed to obtain a stay of execution.
“When you apply for a stay, there is a motion you must have filed and served before the court can listen to that motion and take action.
“As I speak to you, this party has not received a motion on notice for a stay application, nor, to my knowledge, has the party received a stay order granted by a court of competent jurisdiction,” he added.
The party spokesperson accused Anyanwu of attempting to resort to self-help and alleged “the activities of thugs from Niger State.
“We are privy to the communication involved, including the emails that were sent by bank transfer. We have details of that.
“All of these were done at the behest of Senator Anyanwu. It is unfortunate that a former senator should be a lawbreaker. There is a process; let’s agree on the rule of law.”
He also accused the ruling All Progressives Congress (APC) of stoking the crisis in the PDP and said it was orchestrated to prevent the party from uniting before going into the next election.
