Federal High Court has voided the expulsion of former Enugu State Governor Chimaroke Nnamani from PDP

A Federal High Court in Abuja has voided the expulsion of former Enugu State Governor Chimaroke Nnamani from the Peoples Democratic Party (PDP) over alleged anti-party activities. In a judgment yesterday, Justice James Omotosho held that Nnamani was not given fair hearing in accordance with the constitution of the PDP. The judgment was on a suit filed by Nnamani, the Independent National Electoral Commission (INEC), the PDP National Chairman and the party’s National Working Committee (NWC), as defendants.

Justice Omotosho held that by Article 57 of the constitution of the PDP, it was only the party’s National Executive Council (NEC) that could convene a disciplinary committee as against the NWC, which took the decision. The judge averred that the constitution of the party stipulates that it is the NEC that is vested with the power to take disciplinary action against any
erring member, including a governor, deputy governor, and a serving member of the National Assembly. He said although the Supreme Court had held that the issue of party membership and related issues are within the internal affairs of the party and a no-go area for the courts, Section 46(2) of the 1999 Constitution vests power on the court to hear cases of alleged breach of members’ rights.

The judge averred that although these rights are not absolute, they are entrenched in Chapter 4 of the nation’s Constitution, adding that the African Charter on Peoples Rights also contains provisions for the protection fundamental rights.