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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
Source: Reuters
Arise Television anchor, Rufai Oseni, has alleged that there may be attempts to prevent key opposition figures, including Peter Obi and Atiku Abubakar, from appearing on the ballot for the 2027 general elections.
Oseni’s remark followed a Federal High Court judgment ordering the de-registration of some political parties.
Justice Peter Lifu of the Federal High Court in Abuja, on Monday, ordered the Independent National Electoral Commission (INEC) to deregister the African Democratic Congress (ADC), Accord Party (AP), Action Peoples’ Party (APP), Zenith Labour Party (ZLP), and Action Alliance Party (AAP) over alleged constitutional breaches.
The judgment arose from a lawsuit filed by the Incorporated Trustees of the National Forum of Former Legislators (NFFL), which argued that the affected parties failed to meet constitutional and statutory electoral performance requirements necessary for continued recognition as political parties.
Justice Lifu subsequently barred INEC from recognising the affected parties, accepting nominations from them or permitting them to participate in activities related to the 2027 general elections.
The ruling, if upheld, could affect the political ambitions of several politicians, including former Vice President Atiku Abubakar, who is the ADC presidential flag-bearer, and Osun State governor Ademola Adeleke, who is seeking re-election on the platform of the Accord Party.
But speaking on Arise TV’s Morning Show on Tuesday, Oseni described the court ruling as a “test” of public reaction, warning that more actions could follow ahead of the next general election.
According to him, opposition parties such as the African Democratic Congress, ADC, and the Nigeria Democratic Congress, NDC, should be cautious, claiming that efforts could be made to stop major figures from participating in the election.
Oseni argued that the judgment was part of a broader process aimed at shaping the political landscape ahead of 2027.
He maintained that the ruling came despite some of the affected parties having recorded electoral victories in recent elections.
He warned that Nigerians must remain vigilant to safeguard the country’s democracy, stressing the need for judicial reforms alongside efforts to tackle insecurity.
Oseni said: “NDC, ADC should be careful because there will be attempt, and this is me predicting now, to ensure that Obi, Atiku and other big contenders are not on the ballot.
“This that you saw yesterday is just a test. This is not the real place where the whole thing is going. This is me predicting now.
“You know before you have a show you test the microphone. They want to see the reactions of Nigerians. More is still coming.
“You can see how they carry a judgement when ADC won two House of Representatives seats in Kogi, one Kogi House of Assembly seat, APP one chairmanship seat in Jigawa, Zenith Labour party won several seats in Abia, but they still went ahead and issued judgement for deregistration after the Court of Appeal, a higher court, said it should stay on that.
“If we want to deal with this judicial rascality, can I tell you something? The judge that gave this judgment, nothing will happen to him. Nothing on this earth. They are just coming.
“And who is leading this group? Gbajabiamila. Have you forgotten what Gbajabiamila said on Hon Ajibade’s birthday? So they are just coming. This one is just a test. The next one they will do is the NDC.
“With the way they’re going, if Nigerians don’t shine their eyes when they will finally have this election, you will not have the major contenders in the ballot. This thing they have just done is to test reactions from Nigerians.
“I saw this thing coming. You know we are going into an election in which Atiku Abubakar is the only major candidate from the North. It’s not like the last one you have Kwankwaso that can split the Kano votes. And you have Peter Obi and general consensus that a lot of people are in abject penury, insecurity is raging hard.
“This is the beginning of many things. They are just testing the microphone. It’s engineered. More is coming. Nigerians, it is you that will save your democracy. Judicial reforms have become so important as insecurity in Nigeria.”
The African Democratic Congress (ADC) presidential candidate, former Vice President Atiku Abubakar, has picked former Rivers State Governor and former Minister of Transportation, Rotimi Amaechi, as his running mate.
Announcing the decision, ADC National Publicity Secretary, Bolaji Abdullahi, said Amaechi’s emergence followed broad consultations within the party and reflected his strong performance as runner-up in the party’s presidential primaries as well as his track records of service to his state and the country.
According to the ADC, Amaechi’s extensive experience across both the legislative and executive arms of government, as former Speaker of the Rivers State House of Assembly, two-term Governor of Rivers State, and former Minister of Transportation, makes him uniquely qualified to complement Atiku’s leadership, strengthen the party’s national appeal, and bolster its campaign to offer Nigerians an experienced and credible alternative ahead of the 2027 presidential election.
The party said the choice of Amaechi underscores its commitment to presenting a leadership team with proven governance experience and national appeal as it prepares for the 2027 presidential contest.
ThisDay
