An Abuja High Court has nullified the purported illegal expulsion of the member representing Ideato North South Federal Constituency in the House of Representatives and spokesman for Opposition Lawmakers Coalition, Hon. Ikenga Imo Ugochinyere, from the Peoples Democratic Party, declaring the kangaroo action as political rascality taken too far.
It will be recalled that a group of persons in a press statement with fake documents claimed that the PDP chieftain had been expelled from the party.
But the Abuja High Court in a landmark judgement delivered by Justice Iheme on Thursday nullified the purported expulsion, ruling that the action is baseless, illegal, kangaroo, and an act of rascality taken too far by the shameless impostors behind the unconstitutional action.
The judge ruled that the 1st Defendant, Ikenga Imo Ugochinyere, is still a member of the PDP and a member of the National Assembly.
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 impostors.
The judgment also states that even the PDP in their affidavit in support that the party did not expel the 1st Defendant 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.
The Highlights of the Judgment are:
a) “that the purported 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;
b) 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;
c) “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);
d) 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;
e) that 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;
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f) 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;
g)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
h) 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.”
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