PDP Can Expel Wike Following Provisions Of Law, Court Rules

A Federal High Court, Abuja, yesterday, held that the Peoples Democratic Party (PDP) can expel immediate past Governor of Rivers State, Nyesom Wike, if the said action is carried out in accordance with the law. Justice James Omotosho stated this in a judgment he delivered on a suit filed by Wike, prior to the 2023 general election seeking for a court order to stop PDP from taking action against him without fair hearing.

Wike had sued the PDP, its National Working Committee (NWC), and National Executive Committee (NEC) as first, second, and third respondents. Wike, in the suit, marked: FHC/ABJ/CS/139/2023 dated and filed February 2, by his counsel, Joshua Musa (SAN), also joined the National Chairman of PDP, Dr Iyorchia Ayu; National Secretary, Senator Samuel Anyanwu, and the Independent National Electoral Commission as 4th to 6th respondents respectively.

He had prayed for an order directing all parties to maintain the status quo and stay all actions in the matter relating to the threat to suspend or expel him by the 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 counsel, Johnson Usman (SAN), disagreed with Wike’s submission.

He argued that the case was only based on speculation as Wike had failed to provide any 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. The Court had on February 2 given an interim order against the party and others listed in the face of Wike’s exparte motion.

The judge, who extended the restraining order on February 14, held that all parties should maintain status quo, pending the hearing and determination of the suit. Delivering judgement yesterday, Justice 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 further said though the party had the right to suspend or expel its members, this must be done in compliance with its own 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 right of a member had been violated by the party without recourse to its own laws. According to him, fundamental human rights are rights enshrined in the Constitution of Nigeria and are sacrosanct.

“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. Justice Omotosho, therefore, agreed that any member of a political party who appeared before a disciplinary committee, should be given the opportunity to defend himself, adding: “This court is convinced that the applicant is entitled to a fair hearing and that the respondent also has the rights to discipline its members in accordance with the law.”