JUDICIARY
PDP Reserves Right to Suspend, Expel You, Court Tells Wike
A Federal High Court in Abuja on Wednesday told the immediate past governor of Rivers state, Barr. Nyesom Wike, that the Peoples Democratic Party (PDP) has the right to suspend or expel him if the action is done in accordance with the law.
Justice James Omotosho stated this in a judgement he delivered on a suit filed by Wike prior to the 2023 general elections to seek a court order to stop the PDP from taking action against him without a fair hearing.
The former governor had sued the PDP, its National Working Committee (NWC), and its National Executive Committee (NEC) as 1st to 3rd respondents.
Wike, in the suit (FHC/ABJ/CS/139/2023) dated and filed Feb. 2 by his lawyer, Joshua Musa, SAN, also joined the National Chairman of PDP, Dr.
Iyorchia Ayu, National Secretary of PDP, Senator Samuel Anyanwu, and the Independent National Electoral Commission (INEC) 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 1st to 5th respondents pending the hearing and determination of the originating motion.
Wike asked the court to enforce his fundamental right to freedom of association, which he alleged was about to be breached by the defendants.
However, the PDP through its lawyer, Johnson Usman, SAN, disagreed with Wike’s submission.
Usman 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.
Usman said Wike and four other governors engaged in anti-party activities by forming the Integrity Group and campaigning for another presidential candidate in the Feb. 25 election.
The senior lawyer argued that a member who voluntarily joined an association must abide by its rules.
Usman, who argued that the ex-governor must have exhausted the internal mechanisms of the party first, said the court lacked the jurisdiction to entertain the matter, which, he said, was only within the realm of conjuncture.
He further argued that it was not enough for Wike to institute the suit on fundamental rights enforcement grounds.
Justice Omotosho had, on Feb. 2, given an interim order against the party and others listed in the face of Wike’s ex-parte motion.
The judge, who extended the restraining order on Feb. 14, held that all parties should maintain a status quo pending the hearing and determination of the suit.
Delivering judgement on Wednesday, Justice Omotosho said the court had considered the processes filed by parties and the 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.
Omotosho said that though the party had the right to suspend or expel its members, this must be done in compliance with its own laws.
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 rights 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.
“If not, any decision taken shall be null and void,” 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,” he added.
The judge further said that 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 that the party’s national chairman, Dr. Iyorchia Ayu, and his agents were bound to promote constitutional democracy.
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
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