Ebun Francis|
The High Court of the Federal Capital Territory in Apo, Abuja, on Thursday, affirmed its earlier decision which nullified the expulsion of Senator Buruji Kashamu and others, by their party, the Peoples Democratic Party.
Justice Valentine Ashi ruled that although a party had the power to discipline its members, it must follow due process in doing so.
The judge had earlier in a ruling delivered on October 10, 2018, nullified the expulsion of Kashamu and others, including the Chairman of Kashamu’s faction of the party in Ogun State, Adebayo Dayo.
The judge had in the said ruling held that the expulsion was unlawful and amounted to a nullity as it was done in flagrant disobedience of a subsisting order of the court made on December 7, 2017.
The court had specifically warned the party against carrying out any disciplinary action against the defendants (Kashamu and Dayo) without first, having recourse to the court.
The PDP had returned to the court by filing a suit marked, FCT/HC/CV/0303/2017, and in which the party prayed the court to, among others, hold that it has the power to discipline its erring members.
Justice Ashi in his judgement, agreed with the PDP that it had the power to reprimand or take disciplinary measures, including to bar or expel erring members, but, however, noted that due process must be followed in exercising such powers.
Justice Ashi ruled, “The decision to suspend the defendants was nullified, because it was taken during the pendency of the suit, which suspension this court had reversed in an earlier ruling.
“That the plaintiff’s first and second prayers succeed is not to say that the ruling has been reversed.
“Parties are to revert to the status quo before the suspension. The plaintiff is at liberty to exercise its disciplinary powers, but with due process.”
The judge refrained from making any declaration on PDP’s prayer seeking an order restraining Kashamu and others from disrupting the party’s non-elective convention.