PDP can expel Wike, but only according to law, court rules

Justice James Omotosho said this in a judgment on Wednesday in the suit filed by Wike to stop the PDP from either suspending or expelling him without according him fair hearing.

The fundamental rights enforcement suit marked: FHC/ABJ/CS/139/2023 was filed before the last general elections.

Justice Omotosho held that suspending or expelling Wike without according him the right to defend himself would breach his fundamental rights as enshrined in the constitutions of the PDP and that of the country.

The judge held that though the party has the right to suspend or expel its members, such action must be taken in compliance with its own law.

Justice Omotosho further held that although the court will not ordinarily dabble into the internal affairs of any political party, it can where the right of a member was violated by the party without recourse to its own laws.

He noted that fundamental human rights are rights enshrined in the nation’s Constitution and which are sacrosanct, adding: “Where these rights 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.

The judge held that any member of a political party, who appeared before a disciplinary committee, should be given the opportunity to defend himself, stressing that such member is not accorded such opportunity, any decision taken against such a member shall be null and void.

He added:“This court is convinced that the applicant is entitled to a fair hearing and that the respondent also has the rights to discipline its members in accordance with the law.”

Justice Omotosho further held that Wike has 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 and his agents, were bound to promote constitutional democracy.