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By Oscar Okhifo
An Abuja High Court on Thursday, nullified the expulsion of Hon. Ikenga Ugochinyere representing Ideato North/South Federal Constituency, Imo State from the Peoples Democratic Party (PDP).
Recall that some members of the PDP reportedly linked to the embattled National Secretary, Samuel Anyanwu, had alleged that Hon. Ugochinyere has been expelled from the party.
But in a judgment delivered by Justice Iheme of the Abuja High Court, the action by the group was described as “baseless, illegal, kangaroo in nature and an act of political rascality taken too far.”
The Judge ruled that Ugochinyere is still a bonafide member of the PDP and a member of the National Assembly.
The ruling further stated that “Under the PDP constitution, only the National Executive Committee can discipline a serving National Assembly member, noting that in this instant case, the PDP NEC and headquarters in their filings in court categorically denied suspending or expelling Ikenga, hence making the purported expulsion the handwork of mischievous people.”
The judgment further stressed that the Ward Executive committee lacks the powers to set up a disciplinary committee against a member of the National Assembly as it relates to the PDP Constitution, which expressly prohibits that and that the Ward Executive Committee, without regard to the PDP Constitution, usurped the powers of the National Executive Committee by setting up a disciplinary committee to try a Member of the National Assembly in the way and manner it did.
Ikenga’s lawyers were able to convince the court that, the issue of fair hearing, as argued by the 1st Defendant, does not even arise, as such cannot cure the illegality evidenced in Exhibit C (the Notice of Expulsion), adding that the notice of expulsion is a worthless document without any force of law having been procured in an illegal manner, which is contrary to the Constitution of PDP as amended in 2017.
According to the judgment, “an injunction cannot even be granted to restrain the Ward Executive Committee because granting the same would seem as if they have the powers to set up a disciplinary committee against a member of the National Assembly.
“That in all and in view of the provisions of Sections 57(7) and 59(3) of the PDP Constitution, the 1st Defendant, Ikenga Imo Ugochinyere, is still a member of the PDP and a member of the National Assembly;
“That even the PDP has stated in their affidavit in support that the PDP did not expel the 1st Defendant in the Suit and only the NEC has the power to hear any allegation or set up a disciplinary committee against a sitting member of the National Assembly as provided for by its Constitution; and that Parties are bound by the Constitution and cannot deviate from the provisions of their Constitution. In all, Exhibit C, which is the Expulsion Notice, is null and void! Parties to bear their cost.”