The Federal High Court in Abuja on Monday, annulled the expulsion of former Enugu State Governor, Chimaroke Nnamani from the Peoples Democratic Party (PDP).
The former governor was expelled by the PDP National Working Committee (NWC) in January for suspected anti-party conduct.
Justice James Omotosho, who annulled the decision, ruled that he had not received a fair hearing in accordance with the PDP’s constitution.
He said that according to the party’s constitution, only the National Executive Council (NEC) has the authority to form a disciplinary committee.
Justice Omotosho cited the party’s constitution as evidence that the NEC has the authority to impose disciplinary measures on any disloyal governor, deputy governor, or currently serving member of the National Assembly.
Despite the Supreme Court’s ruling that the question of party membership fell under the purview of the party and was out of the purview of the courts, Justice Omotosho claimed that Section 46(2) of the 1999 Constitution gave the court the authority to hear claims of rights violations.
In order to support his choice, he mentioned earlier incidents.
“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.
