The former governor Enugu State and a Senator representing Enugu East Senatorial District in the upper Chamber,Abuja, Senator Chimaroke Nnamani has said that the NWC of his party, PDP, led by Iyorchia Ayu has no powers to suspend or expel him from the party.
Recall that, PDP in a statement released by its National Publicity Secretary,Debo Ologunagba disclosed that NWC at its 566th meeting approved the expulsion of Nnamani and six others over alleged anti-party activities.
“The expulsion takes effect from today, Friday, February 10, 2023.
“The decision of the NWC is 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,”Ologunagba had said
Others expelled alongside Nnamani include:
Hon. Chris Ogbu (Imo State), Ajijola Lateef Oladimeji (Ekiti Central), Olayinka James Olalere (Ekiti Central II), Fayose Oluwajomiloju John (Ekiti Central I), Akerele Oluyinka (Ekiti North I) and Emiola Adenike Jennifer -(Ekiti South II).
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However,in his swift reaction hours after the news of his expulsion, Nnamani in a statement said that Ayu led NWC did not follow due process and strict compliance with the provisions of the PDP Constitution and therefore lacked the powers to suspend or expel him as a member of the National Assembly.
Nnamani disclosed that in a letter written to the PDP NWC through his Counsel Olusegun O. Jolaawo SAN stated that only the National Executive Committee ( NEC) has such power to expel him from the party.
He cited Article 57(7) and 59(3) of the party’s constitution which restricts Ayu and his co-executives of the party from expunge him from the party
“On 20 January, 2023, the NWC conducted 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,”the statement reads
“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 at 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 is therefore, both illegal and a nullity.”
“However, by virtue of the proviso to Article 57(7) of the Constitution of your Party, the National Working Committee is required to make 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,”the statement added