A Federal High Court sitting in Abuja, on Monday, nullified the expulsion of former Governor of Enugu State, Chimaroke Nnamani, from the Peoples Democratic Party (PDP) over alleged anti-party activities.
The PDP NWC, at its 566th meeting, had expelled the former senator on 10 February over anti-party allegations.
He was initially suspended on 20 January before he was subsequently expelled.
Nnamani was held culpable for campaigning for the presidential candidate of the All Progressives Congress (APC), Bola Tinubu, against the PDP’s Atiku Abubakar.
But Nnamani, in a suit marked: FHC/ABJ/CS/163/23 filed on 6 February, had sued the INEC, PDP national chairman and the NWC as 1st to 3rd respondents over alleged breach of his fundamental rights to a fair hearing.
READ ALSO: S’East APC Confirms Suspension of Nnamani, Onyeama, Kalu, others
In the originating summons, the plaintiff asked the court to determine whether he could be suspended without giving him the constitutional right to a fair hearing.
He wanted the court to determine, regarding the provisions of Article 57 of the party, the decision of the NWC to suspend him on 20 January was not null and void.
He, therefore, prayed the court to declare that by virtue of the party’s constitution, the respondents did not validly conduct a disciplinary measure against him before his suspension.
Nnamani argued that besides being a serving senator, he was a two-term Governor of Enugu State.
He said he was neither notified of any complaint against him nor allowed a fair hearing.
Justice James Omotosho who presided over the case, held that Nnamani was not given fair hearing in accordance with the PDP’s constitution.
READ ALSO: Your Petition Is Dead On Arrival, Align With Tinubu For A New Nigeria – Nnamani Tells Peter Obi
He also noted that Article 57 of the Constitution of the PDP states that only the National Executive Council (NEC) can convene a disciplinary committee as against the National Working Committee (NWC) which took the decision.
According to Omotosho, 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.
The News Agency of Nigeria (NAN) reports that Mr. Nnamani, who represented Enugu East Senatorial District in the 9th Senate, lost his re-election bid to a Labour Party candidate, Kelvin Chukwu, in the 25 February poll.
