A Federal High Court sitting in Abuja has nullified the expulsion of former Governor of Enugu State, Chimaroke Nnamani, from the Peoples Democratic Party (PDP) over alleged anti-party activities.
In a judgement on Monday, Justice James Omotosho, held that Nnamani was not given fair hearing in accordance with the PDP’s constitution.
Justice Omotosho said that going by the Article 57 of the Constitution of the PDP, it was only the National Executive Council (NEC) that can convene a disciplinary committee as against the National Working Committee (NWC), which took the decision.
He said that the constitution of the party stipulated that it was the 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.
Recall that Nnamani, who represented Enugu East Senatorial District in the 9th Senate, lost his re-election bid to a Labour Party candidate, Kelvin Chukwu, in the Feb. 25 poll.
The PDP NWC, at its 566th meeting, had expelled the former senator for allegations bordering on anti-party activities.
He was initially suspended on Jan. 20 before he was subsequently expelled.
Nnamani was alleged to have campaigned for the presidential candidate of the All Progressives Congress (APC), Sen. Bola Tinubu, against the PDP presidential candidate, Alhaji Atiku Abubakar.
But Nnamani, in a suit marked: FHC/ABJ/CS/163/23 filed on Feb. 6, had sued the INEC, PDP national chairman and the NWC as 1st to 3rd respondents over alleged breach of his fundamental rights to fair hearing.
In the originating summons, the plaintiff asked the court to determine whether he could be suspended without giving him the constitutional right to fair hearing.
He wanted the court to determine having regard to the provisions of Article 57 of the party, the decision of the NWC suspending him on Jan. 20 was not null and void.
He, therefore, prayed the court to declare that by virtue of the party’s constitution, the respondents did not validly conduct a disciplinary measure against him before his suspension.
Nnamani argued that besides being a serving senator, he was a two term governor of Enugu State.
He said that he was neither notified of any complaint against him nor afforded opportunity to fair hearing.
Justice Omotosho said that though the Supreme Court held that the issue of party membership, etc, 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 rights.
The judge consequently gave an order nullifying the decision of the PDP NWC that was taken on Feb. 10, expelling the ex-lawmaker.
