First and foremost, we must understand that there exists a difference between disciplining a Party official on one hand and suspending the membership of a Party man (member of the Party) be it an official, an NEC member, or an ordinary member on the other hand.
Suffice it to say, that while the Constitution exempts the Ward organ/structure of the Party from disciplining an NEC member or a Deputy Governor as the case may be, the same cannot be said on a clear case of suspension of the “membership” of such an official by the Ward organ. For clarity, while a Ward Exco cannot suspend Ayu from office as Chairman of PDP by way of discipline/disciplinary measures, a Ward Exco can validly suspend Ayu’s membership of the Party.
After all, membership of the Party is local and done at the Ward level and by the Ward Exco. The issue that calls for determination in the circumstance would now be whether a Chairman whose membership of the Party has been withdrawn by his Ward Executives can continue to hold office as Chairman of a Party he no longer belongs to.
The Court already provided answers in the negative in Oshiomole’s case. To further strengthen this position, the power to register or admit members into the Party is Constitutionally vested in the Ward Executives.
Therefore, the principle of he who hires can fire will simply apply. Finally, the position of the law is that while a Ward organ cannot discipline a NEC member or Deputy Governor as it is in the Constitution, the Ward organ can Constitutionally terminate the membership of a NEC member or Deputy Governor or any other member of the Party as it deem fit, whether by suspension or outright expulsion.
It is on this note that I wish to humbly appeal to the concerned Ward Executives in Benue State to rescind/lift the suspension of Sen. Ayu and reinstate him as a member of the Party so he can continue to function as Chairman of the Party. We can’t afford any major crises in the Party at this time.
George Turnah, MON is the Legal Adviser, People’s Democratic Party (PDP) South South Zone