Former Enugu State Governor Chimaroke Nnamani has had his expulsion from the Peoples Democratic Party (PDP) overturned by a Federal High Court in Abuja. The court ruled that Nnamani was not granted a fair hearing in accordance with the PDP's constitution.
The judgment was delivered in response to a lawsuit filed by Nnamani, with the Independent National Electoral Commission (INEC), the PDP National Chairman, and the party's National Working Committee (NWC) named as defendants.
Justice James Omotosho, the presiding judge, determined that according to Article 57 of the PDP's constitution, only the party's National Executive Council (NEC) is authorized to convene a disciplinary committee, whereas the decision to expel Nnamani was made by the NWC. The judge emphasized that the party's constitution bestows the power to take disciplinary action against erring members, including governors, deputy governors, and serving National Assembly members, solely on the NEC. Although the Supreme Court has previously held that matters of party membership and internal affairs are beyond the jurisdiction of the courts, Justice Omotosho cited Section 46(2) of the 1999 Constitution, which empowers the court to hear cases involving alleged violations of members' rights.
Justice Omotosho clarified that the court would refrain from meddling in the internal affairs of the party and would only assess whether the plaintiff's fundamental rights had been violated. He acknowledged that while these rights are not absolute, they are enshrined in Chapter 4 of the Nigerian Constitution and are also protected by the African Charter on Peoples Rights. The judge stated that members of a political party must adhere to its rules and regulations willingly, having willingly subjected themselves to those rules. However, he emphasized that the court would intervene if the party had violated its own rules and regulations. The judge pointed out that Articles 4 and 5 of the PDP provide for fair hearing for members accused of wrongdoing, indicating that fair hearing entails providing equal opportunities to all parties involved, and once fair hearing has been granted, a party cannot complain.
Justice Omotosho observed that the facts presented to the court indicated that the PDP's NWC, during its 566th meeting, considered all the allegations against Nnamani and imposed a one-month suspension on him. The judge further noted that the NWC, through a statement issued on February 10, expelled Nnamani. He concluded that the NWC's action flagrantly violated the party's constitution, rendering all actions taken by the NWC null and void.
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