Justice James Omotosho in his ruling following a suit filed by Senator Nnamani after the erstwhile National Chairman of the PDP, Dr Iyorchia Ayu led National Working Committee expelled him for alleged anti-party activities, said the party lacks the power to expel him.
The PUNCH had reported that the National Working Committee of the PDP had in February expelled some chieftains of the party including Nnamami over alleged anti-party activities including other weighty offences that infringe on the party’s constitution.
Having rejected the expulsion, Nnamani took to the court claiming the Ayu-led NWC had no right to expel him from the party.
The court, however, held that the plaintiff was not given a fair hearing besides the fact that only the National Executive Committee and not the NWC has the power to discipline a member of the National Assembly.
It also held that the NWC cannot validly conduct a disciplinary hearing without according to the plaintiff fair hearing adding that “the NWC cannot validly conduct a hearing and reaching a valid decision of suspending or expelling the plaintiff from membership of the PDP”.
The court, however, noted that the NEC has the power after having given the plaintiff opportunity to be heard insisting “the decision suspending the plaintiff is null and void. The decision expelling the plaintiff is nullified and set aside.”
The court, therefore, gave an order restraining the PDP from acting upon the said invalid suspension and expulsion of the plaintiff.
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