A Federal High Court, Abuja, on Monday, nullified the expulsion of former Governor of Enugu State, Chimaroke Nnamani, from the Peoples Democratic Party (PDP) over alleged anti-party activities.
Justice James Omotosho, in a judgement, held that Nnamani was not given fair hearing in accordance with the PDP’s constitution.
According to Justice Omotosho, the National Working Committee (NWC), which made the decision, was not authorised to establish a disciplinary committee under Article 57 of the PDP Constitution. Only the National Executive Council (NEC) was.
The judge cited the party’s constitution as stating that the NEC had the authority to impose discipline on any erring governor, deputy governor, or currently serving member of the National Assembly.
Nnamani, who served as the 9th Senate’s senator for Enugu East, was defeated in his attempt for reelection on February 25 by Kelvin Chukwu of the Labour Party, according to the Agency of Nigeria (NAN).
The former senator was kicked out of the PDP NWC at its 566th meeting on February 10 because to accusations of anti-party activity.
On January 20, he was first suspended, and then he was expelled.
Nnamani was accused of running a campaign for Sen. Bola Tinubu, the All Progressives Congress (APC) presidential candidate, in opposition to Alhaji Atiku Abubakar, the PDP presidential candidate.
According to NAN, Tinubu received the most votes in the presidential election on February 25 and was proclaimed the winner by the Independent National Electoral Commission (INEC). He was inaugurated in as president of Nigeria on May 29.
Nnamani, however, claimed that his right to a fair hearing had been violated by the INEC, the PDP national chairman, and the NWC in a lawsuit filed on February 6 with the filing number FHC/ABJ/CS/163/23.
The plaintiff asked the court to decide in the original summons whether he could be suspended without being given the opportunity for a fair hearing as required by the constitution.
He asked the court to rule whether the NWC’s decision to suspend him on January 20 was valid in light of the party’s Article 57 provisions.
Therefore, 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.
Lukundu (
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