The federal high court sitting in Abuja, presided over by Justice James Omotosho, has nullified the expulsion of Enugu former governor, Chimaroke Nnamani, from the Peoples Democratic Party (PDP) over alleged anti-party activities.
The former senator was expelled on February 10 by the Party’s National Working Committee (NWC) at its 566th meeting over accusations of anti-party behavior.
But Mr. Nnamani, on February 6 filed a lawsuit with the case number FHC/ABJ/CS/163/23 against INEC, the PDP national chairman, and the NWC as the first through third respondents, alleging a violation of his fundamental right to a fair trial.
He asked the court to rule that the respondents did not lawfully initiate a disciplinary action against him prior to his suspension because of the party’s constitution.
Although, PDP argued that the party had the power to suspend him having been found to engage in anti-party activities, Judge Omotosho, while delivering the judgement on Monday, held that Nnanani was not given fair hearing in accordance with the PDP’s constitution.
He said it was only the National Executive Council (NEC) that can convene a disciplinary committee in line with the party’s constitution.
He also said the constitution of the party stipulated that it was the National Executive Council (NEC) that was vested with the power to take disciplinary action against any erring member who is a governor, deputy governor, and a serving member of the National Assembly.
Justice Omotosho continued that though the Supreme Court held that the issue of party membership was within the party’s jurisdiction and a no-go area to the courts, he said Section 46(2) of the 1999 Constitution vested the power on the court to hear alleged breach of person’s right.
“This court will not dabble into the internal affairs of the party but will restrict itself to whether the fundamental right of the plaintiff has been breached,” he said.