A Federal High Court in Abuja on Monday nullified the expulsion of former Governor of Enugu State, Chimaroke Nnamani, from the Peoples Democratic Party (PDP) .
The National Working Committee NWC of the PDP had weeks after Nnamani’s Suspension expelled him over anti party activities.
Delivering his judgement, Justice James Omotosho, held that Nnamani was not given fair hearing in accordance with the PDP’s constitution.
The judge 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.
According to him, the constitution of the party stipulates 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.
Nnamani ,a former governor of Enugu state who represented Enugu East in the 9th Senate 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 the former Federal Lawmaker challenged the decision of the party against him saying it was an infringement of his fundamental human rights to fair hearing.
In a suit marked: FHC/ABJ/CS/163/23 filed on Feb. 6, Nnamani sued the INEC, PDP national chairman and the NWC as 1st to 3rd respondents .
The plaintiff In the originating summons, asked the court to determine whether he could be suspended without giving him the constitutional right to fair hearing.
He argued that the respondents did not notify him of any complaints against him and that they did not validly conduct a disciplinary measure against him before he was suspended.
The judge 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
He consequently gave an order nullifying the expulsion of Nnamani by the PDP NWC.
