Former Enugu State governor, Dr Chimaroke Nnamani has written the Peoples Democratic Party (PDP) rejecting his expulsion from the party.
In a letter addressed to the National Working Committee (NWC), his lawyer, Olusegun Jolaowo, the Enugu East senator said the NWC has no powers to suspend or expel him from the party.
He said the committee did not follow due process in strict compliance with the party’s constitution and therefore lacked the powers to suspend or expel him as a member of the National Assembly.
He quoted copiously from the constitution of the party to back his argument and concluded that the action of the NWC was a nullity.
The PDP had earlier Friday announced Nnamani’s expulsion and six others from the party.
The former governor has been openly campaigning for the presidential candidate of the All Progressives Congress, Asiwaju Bola Ahmed Tinubu.
Also expelled from the party by the PDP national leadership were a son of a former Ekiti State Governor, Ayo Fayose, Jomiloju; a leader from Imo State, Chris Ogbu; four other members from Ekiti State – Ajijola Lateef Oladimeji (Ekiti Central), Olayinka James Olalere (Ekiti Central II), Akerele Oluyinka (Ekiti North I), and Emiola Adenike Jennifer (Ekiti South II).
According to a statement by the PDP National Publicity Secretary, Barrister Debo Ologunagba, the members were expelled “for anti-party activities and other grave offences in violation of the constitution of the PDP (as amended in 2017)”.
Ologunagba said the decision to expel the affected members was taken at the meeting of the NWC on Friday.
The statement read: “The decision of the NWC is a sequel to the recommendation of the National Disciplinary Committee and pursuant to Sections 58 and 59 (1)(g) of the PDP Constitution (as amended in 2017).
“The PDP charges all members of our party across the country to remain united and focused on the mission of our party to rescue, rebuild and redirect our nation from misrule”. The party said the expulsion order took effect from Friday.
The PDP leadership had on 20 January suspended the members for alleged anti-party activities, following which they were all referred to a disciplinary committee set up by the party.
There are concerns within the party in the Ekiti State over what will become of the candidacies of the affected party members. All the five expelled members are candidates of the party for the 25 February National Assembly election. A member of the State Executive Council said there are fears that the NWC might work against the candidacies of the expelled party chieftains.
“We are worried because there are talks that the Ayu-led NWC want to void their nominations as candidates. But the affected candidates have gone to court to stop the PDP from tampering with their tickets. There is so much confusion and this is definitely not a good time to be expelling party members for whatever reasons”, he said.
In his letter to the NWC, Nnamani quoted relevant sections of the PDP’s constitution breached by the Iyorchia Ayu-led NWC: “Article 57(7): ‘Notwithstanding any other provision relating to discipline, no Executive Committee at any level, except the National Executive Committee, shall entertain any question of discipline as may or concern a member of the National Executive Committee, Deputy Governors or members of the National Assembly, provided that nothing in this Constitution shall preclude or invalidate any complaint submitted through the National Working Committee to the National Executive Committee concerning any person whatsoever.’
“Article 59(3): ‘Notwithstanding any other provision of this Constitution relating to discipline, no Executive Committee at any level except the National Executive Committee shall entertain any question of discipline as may relate or concern a member of the National Executive Committee, President, Vice President, Governors, Deputy Governors, Ministers, Ambassadors, Special Advisers or member of any of the legislative houses. On 20 January 2023, the NWC conducted a preliminary disciplinary hearing against our client and approved his suspension from the party for one month, purportedly acting pursuant to Article 57(3) of the Constitution of the PDP.
“It is evident on the basis of Articles 57(7) and 59(3) of the Constitution of your party excerpted above, that no organ of the party, including the National Working Committee, has the competence to entertain any question of discipline against our client, except the National Executive Committee of the party.
“Quite apart from the obvious and undeniable fact that the purported proceeding of the National Working Committee of your party held on 20 January 2023 and the decision reached there, suspending our client from the party is null and void, as our client was neither invited to the meeting nor given the opportunity to be heard before the decision against him was taken;
“See Article 57(6) of the Constitution of your party, the National Working Committee lacks the requisite powers to entertain any question of discipline against our client to the extent of suspending or expelling him from the party. The proceeding and decision reached at the meeting of the National Working Committee of your Party which was held on 20 January 2023 are therefore, both illegal and a nullity. It, therefore, gives us great concern, that your proposed disciplinary hearing of 8 February 2023 as stated in your letter of 1st February 2023, is built and erected on the illegal and invalid meeting and decision taken by the National Working Committee of your Party at its meeting of 20 January 2023, suspending our client from the Party.
“Your letter to our client dated 1st February 2023 made it abundantly clear that the complaint against our client was made to your committee by the National Working Committee. However, by virtue of the proviso to Article 57(7) of the Constitution of your Party, the National Working Committee is required to make a complaint on any disciplinary matter against a member of the National Assembly, only to the National Executive Committee of the Party. Your committee has not claimed to be the National Executive Committee of the PDP and in fact, is not.
“Your committee, therefore, has no powers under the Constitution of the Party (under which you claim to be proceeding against our client) to entertain or hear any question of discipline against our client as he is a member of the National Assembly. Only a properly constituted National Executive Committee of the party can entertain such question of discipline against him. We, therefore, urge you to reconsider your proposed disciplinary hearing against our client and abort it immediately.
“We have only requested your committee to comply strictly with the clear provisions of the Constitution of the Party under which you claim to be proceeding. Your proposed disciplinary hearing of 8 February 2023 is wholly erected on illegality and your committee equally has no powers under the Constitution of the party to invite our client for the purpose of entertaining any disciplinary matter against him”.
