Court To Wike: PDP Has Right To Expel You If…

A Federal High Court sitting in Abuja has told the former governor of Rivers State, Nyesom Wike that the Peoples Democratic Party (PDP) reserved the right to suspend or expel him if the action is carried out in accordance with the law.

Wike had filed a suit against the PDP, its National Working Committee (NWC), and National Executive Committee (NEC) as 1st to 3rd respondents.

However, while delivering judgement on Wednesday, May 31, 2023 in the suit number FHC/ABJ/CS/139/2023, filed by former Governor Wike prior to the 2023 general elections which sought a court order stopping the PDP from taking action against him without fair hearing, Justice James Omotosho said that though Section 46(1) of the law vested jurisdiction on the court if one’s rights had been breached, he however held that the court would not dabble into the internal affairs of any political party, except where the rights of a member had been violated without recourse to its own laws.

Justice Omotosho further said that fundamental human rights are rights enshrined in the Constitution of Nigeria and are sacrosanct, stressing that where this right ought to be enforced, the court will do everything within its reach to ensure this.

According to the trial judge; “However, as fundamental and sacrosanct these rights are, they are not absolute,” he stressed.

The Court also held that any member of a political party who appeared before a disciplinary committee should be given the opportunity to defend himself saying; “If not, any decision taken shall be null and void”.

In the words of Justice Omotosho; “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 trial judge also said that Wike had the right to associate adding that the threat to dismiss or expel him without inviting him to defend himself contravened Article 57 (1) (2) of the PDP, adding that the party’s national chairman, Dr Iyorchia Ayu, and his agents were bound to promote constitutional democracy.

Former Governor Wike had in the suit dated and filed on February 2, 2023 by his Counsel, Joshua Musa, SAN, also joined the Party’s National Chairman, Dr Iyorchia Ayu, National Secretary – Senator Samuel Anyanwu, and the Independent National Electoral Commission as 4th to 6th respondents respectively.

Wike prayed the Court 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 1st to 5th respondents pending the hearing and determination of the originating motion.

He also urged the court to enforce his fundamental right to freedom of association, which was about to be breached by the respondents.

However, the PDP, through its lawyer, Johnson Usman, SAN, disagreed with Wike’s submission, stressing that the party could expel him.

Usman told the Court that the case was only based on speculation, particularly as Wike failed to provide any evidence to substantiate that the respondents intended to suspend or expel him from the party, adding that the party had not contemplated suspending or expelling members of the G-5 Governors or the Integrity Group, despite engaging in anti-party activities.

Usman further said that 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, stressing that a member who voluntarily joined an association must abide by its rules.

The PDP Counsel also said that Wike must have exhausted the internal mechanisms of the party first before rushing to the Court which he said lacked the jurisdiction to entertain the matter which was only within the realm of conjuncture.

Justice Omotosho had on February 2, 2023, granted an interim order against the PDP and others listed in the suit by Wike as an ex-parte motion.

Justice Omotosho, who extended the restraining order on February 14, 2023, held that all parties should maintain a status quo pending the hearing and determination of the suit.

But, delivering judgement on Wednesday, May 31, 2023, Justice Omotosho said the court had considered the processes filed by parties and the arguments of counsel and 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.

Justice Omotosho however held that though the party had the right to suspend or expel its members, it must be done in compliance with its own laws.