The Federal High Court in Abuja, on Wednesday, told the immediate-past governor of Rivers State Nyesom Wike, that a political party has the right to discipline any of its erring members, provided the said members have first been given a fair hearing.
Justice James Omotosho made the declaration in a judgment delivered on a suit filed by Wike against his party, Peoples Democratic Party, where he sought the court’s protection to forestall an alleged plan by the PDP to suspend or expel him.
Wike, who filed the suit in the build-up to the last general elections, was able to secure an interim injunction by Justice Omotosho on February 2, with the judge restraining the party from suspending or expelling him pending the determination of the substantive suit.
Listed as respondents in the suit marked FHC/ABJ/CS/139/2023, were the PDP, its National Working Committee, and its National Executive Committee; its suspended National Chairman, Iyorchia Ayu, National Secretary of PDP, Samuel Anyanwu, and the Independent National Electoral Commission.
In the suit, filed through his lawyer, Joshua Musa (SAN), Wike asked the court to enforce his fundamental right to freedom of association, which, he alleged, was about to be breached by the respondents.
But the PDP, through its lawyer, Johnson Usman (SAN), argued that Wike’s case was speculative, insisting Wike did not provide any evidence to prove that the respondents planned to suspend or expel him from the party.
In his judgment on Wednesday, Justice Omotosho held that though the party had the right to suspend or expel its members, this must be done in compliance with its own laws.
He held that suspending or expelling the applicant without affording him the right to defend himself would breach his fundamental rights as enshrined in the party’s and Nigeria’s constitutions.
The judge held that the court could not dabble into the internal affairs of any political party, except where the rights of a member has been violated by the party without recourse to its own laws.
“Where this right 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.
He added: “This court is convinced that the applicant is entitled to a fair hearing and that the respondent also has the right to discipline its members in accordance with the law.”
