Headlines
PDP Can Suspend, Expel Wike According to Law, Court Rules
The Abuja Division of the Federal High Court, on Wednesday, told the former governor of Rivers, Nyesom Wike, that the Peoples Democratic Party (PDP) has the right to suspend or expel him if the action is done under the law.
Justice James Omotosho stated this in a judgment on a suit filed by Mr Wike before the 2023 general elections to seek a court order to stop PDP from taking action against him without a fair hearing.
Mr Omotosho said the court had considered the processes filed by parties and arguments of counsel.
He held that suspending or expelling the applicant without affording him the right to defend himself would breach his fundamental rights as enshrined in the party’s and Nigeria’s constitutions.
He said though the party had the right to suspend or expel its members, it must comply with its law.
The judge said that though section 46(1) of the law vested jurisdiction on the court if one’s rights had been breached, he said the court would not dabble into the internal affairs of any political party, except where the party had violated the right of a member without recourse to its laws.
“Where this right ought to be enforced, the court will do everything within its reach to ensure this.
“However, as fundamental and sacrosanct these rights are, they are not absolute,” he said.
The judge, therefore, agreed that any member of a political party who appeared before a disciplinary committee should be allowed to defend himself.
“And if not, any decision taken shall be null and void,” he said.
He said, “This court is convinced that the applicant is entitled to a fair hearing and that the respondent also has the right to discipline its members in accordance with the law.”
The judge further said Mr Wike had the right to associate and that the threat to dismiss him without inviting him to defend himself contravened Article 57 (1)(2) of the party.
He said the party’s national chairman, Iyorchia Ayu, and his agents were bound to promote constitutional democracy.
The ex-governor had sued the PDP, its National Working Committee (NWC) and National Executive Committee (NEC) as first to third respondents.
Mr Wike, in the suit, marked: FHC/ABJ/CS/139/2023, dated and filed February 2 by his lawyer, Joshua Musa, SAN, also joined Mr Ayu; national secretary of PDP, Samuel Anyanwu, and the Independent National Electoral Commission as fourth to sixth respondents respectively.
He had prayed for an order directing all parties to maintain the status quo and stay all actions relating to the threat to suspend or expel him by the first to fifth respondents, pending the hearing and determination of the originating motion.
He asked the court to enforce his fundamental right to freedom of association which was allegedly about to be breached by the respondents.
But the PDP, through its lawyer, Johnson Usman, SAN, disagreed with Mr Wike’s submission.
He argued that the case was only based on speculation as Mr Wike had failed to provide evidence to substantiate that the respondents intended to suspend or expel him from the party.
He said the party had not contemplated suspending or expelling members of the G5 governors or the Integrity Group, despite engaging in anti-party activities.
He said Mr Wike and four other governors engaged in anti-party activities by forming the Integrity Group and campaigning for another presidential candidate in the February 25 election.
NAN
The Presidency has dismissed claims that Vice President Kashim Shettima’s recent comments were directed at the political situation in Rivers State or President Bola Ahmed Tinubu’s constitutional decisions on the matter.
In a statement on Friday by the Senior Special Assistant to the President on Media and Communications (Office of the Vice President), Stanley Nkwocha, the Presidency described the reports as a “gross misrepresentation.”
The statement clarified that Vice President Shettima’s remarks at the public presentation of a book by former Attorney General of the Federation, Mohammed Bello Adoke (SAN), were misconstrued by some online platforms and individuals.
“These reports have distorted the Vice President’s comments in pursuit of a mischievous agenda,” it stated.
“They twisted his account of how the administration of former President Jonathan considered removing him as Borno Governor during the insurgency to falsely link it with current events in Rivers State.”
The Vice President, who spoke at the launch of OPL 245: The Inside Story of the $1.3 Billion Oil Block in Abuja on Thursday, was said to have referenced the past solely to commend Adoke’s professionalism while in office, and to reflect on Nigeria’s constitutional evolution regarding federal and state relations.
“For the avoidance of doubt, President Tinubu did not remove Governor Fubara from office. The constitutional measure implemented was a suspension, not an outright removal.
“This action was taken in response to the grave political crisis in Rivers State at the time, with the governor facing a looming impeachment and the State Assembly complex under demolition,” Nkwocha clarified.
The Presidency insisted that the action taken by President Tinubu in declaring a state of emergency and suspending the Governor was fully in line with Section 305 of the 1999 Constitution (as amended), which authorises such measures when there is a breakdown of public order requiring extraordinary intervention.
According to the statement, the President’s proclamation invoking Section 305(2) was subsequently ratified by an overwhelming bipartisan majority in the National Assembly, confirming the legitimacy and constitutional propriety of the decision.
“The action of President Tinubu in suspending Mr. Fubara and others from exercising the functions of office averted the governor’s outright removal. To conflate suspension with removal is misleading,” the statement further noted.
Nkwocha also stressed that Vice President Shettima’s comments were delivered extemporaneously and intended to underline the importance of public accountability and historical documentation.
He referenced the Vice President’s mention of past public servants, including Adoke and former Speaker Aminu Waziri Tambuwal, to illustrate principled leadership.
“His remarks were not in any way a criticism of President Tinubu’s actions, which the Vice President and the entire administration fully support and stand by without reservation,” the spokesman stated.
The Vice President, the statement added, remains in “loyal concert” with President Tinubu and is committed to implementing all constitutional measures necessary to safeguard democracy and uphold order across the country.
Concluding, the Presidency called on media organisations and political actors to desist from misrepresenting public remarks for sensational or partisan purposes.
“We urge media organisations and political actors to desist from the destructive practice of wrenching statements from context in order to fabricate nonexistent conflicts,” Nkwocha said.
Headlines
Akpabio Relieves Natasha of Committee Chairmanship Position, Appoints Akwa Ibom Senator As Replacement
Senate President, Godswill Akpabio, has replaced suspended Senator Natasha Akpoti-Uduaghan, as the Chairman, Senate Committee on Diaspora/Non-Governmental Organisations.
In her place, Akpabio named Senator Bassey Aniekun Etim (Akwa Ibom -East).
The Senate President, who made the announcement on the floor in Abuja on Thursday, did not give any reasons.
The committee position had remained vacant since March when the Senate suspended the Kogi-Central Senatorial District lawmaker for six months for flouting the Senate’s rule on the seating arrangement and seat allocation.
The suspended lawmaker, at a point, chaired the Senate Committee on Local Content before Akpabio reassigned her to the Committee on Diaspora/NGO, shortly before she ran into trouble with the Senate over her conduct on seat allocation.
The Supreme Court has affirmed the 2024 governorship election victory of Governor Monday Okpebholo of the All Progressives Congress (APC), dismissing the appeal filed by the Peoples Democratic Party (PDP) candidate, Asuerinme Ighodalo.
In a unanimous decision by a five-member panel led by Justice Mohammed Garba, the apex court ruled that the appeal lacked merit. It upheld the earlier judgments of the Court of Appeal and the Edo State Governorship Election Petition Tribunal, which had both declared Okpebholo the validly elected governor.
