Justice James Omotosho of the Federal High Court, Abuja, on Monday, nullified the expulsion of former Governor of Enugu State, Chimaroke Nnamani, from the Peoples Democratic Party (PDP).
The PDP National Working Committee (NWC) in January expelled the former governor for alleged anti-party activities.
The judge, who delivered the judgement in a suit filed by Nnamani, held that hewas not given fair hearing in accordance with the PDP’s constitution.
He said it was only the National Executive Council (NEC) that can convene a disciplinary committee in line with the party’s constitution.
The judge said 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.
Justice Omotosho said though the Supreme Court held that the issue of party membership 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 cited previous cases to back his decision.
“This court will not dabble into the internal affairs of the party but will restrict itself to whether the fundamental right of the plaintiff has been breached,” he said.
