Justice James Omotosho of the Federal High Court in Abuja ruled on Monday that the expulsion of former Governor Chimaroke Nnamani from the Peoples Democratic Party (PDP) was null and void.
In January, the PDP National Working Committee (NWC) expelled Nnamani for alleged anti-party activities. However, the judge, while delivering the judgment in a suit filed by Nnamani, stated that he was not given a fair hearing in accordance with the PDP’s constitution.
Justice Omotosho emphasized that according to the party’s constitution, only the National Executive Council (NEC) has the authority to convene a disciplinary committee. He added that disciplinary action against a governor, deputy governor, or serving member of the National Assembly can only be taken by the NEC.
Although the Supreme Court has previously ruled that party membership issues fall within the jurisdiction of the party and not the courts, Justice Omotosho pointed out that Section 46(2) of the 1999 Constitution empowers the court to hear alleged breaches of a person’s rights.
The judge cited precedents to support his decision and clarified that the court would not interfere in the internal affairs of the party but would focus solely on whether the plaintiff’s fundamental rights had been violated.
