Court Nullifies Senator Nnamani’s Expulsion From PDP

Recall Nnamani, who represented Enugu East Senatorial District in the 9th Senate, lost his re-election bid to a Labour Party candidate, Kelvin Chukwu, in the Feb. 25 poll.

The PDP NWC, at its 566th meeting, had expelled the former senator for allegations bordering on anti-party activities.

He was initially suspended on Jan. 20 before he was subsequently expelled.

Nnamani was alleged to have campaigned for the presidential candidate of the All Progressives Congress (APC), Sen. Bola Tinubu, against the PDP presidential candidate, Alhaji Atiku Abubakar.

 Nnamani, in a suit marked: FHC/ABJ/CS/163/23 filed on Feb. 6, had sued the INEC, PDP national chairman and the NWC as 1st to 3rd respondents over alleged breach of his fundamental rights to fair hearing.

In the originating summons, the plaintiff asked the court to determine whether he could be suspended without giving him the constitutional right to fair hearing.

He wanted the court to determine having regard to the provisions of Article 57 of the party, the decision of the NWC suspending him on Jan. 20 was not null and void.

He, therefore, prayed the court to declare that by virtue of the party’s constitution, the respondents did not validly conduct a disciplinary measure against him before his suspension.

Nnamani argued that besides being a serving senator, he was a two term governor of Enugu State.

He said that he was neither notified of any complaint against him nor afforded opportunity to fair hearing.

Justice Omotosho said that though the Supreme Court held that the issue of party membership, etc, was within the party’s jurisdiction and a no-go area to the courts, he said Section 46(2) of the 1999 Constitution vested the power on the court to hear alleged breach of person’s rights

The judge consequently gave an order nullifying the decision of the PDP NWC that was taken on Feb. 10, expelling the ex-lawmaker