TheCable

Chimaroke Nnamani, senator representing Enugu west, says the Peoples Democratic Party (PDP) national working committee (NWC) does not have the power to suspend or expel him.

The PDP NWC expelled Nnamani on Friday — three weeks after he was suspended from the party.

The senator said the Iyorchia Ayu-led NWC did not follow due process before suspending him, hence his expulsion cannot stand.

In a letter addressed to the PDP NWC through  Olusegun O. Jolaawo, a senior advocate of Nigeria (SAN), Chimaroke said his eviction from the party violates the PDP constitution which stipulates that only the national executive committee (NEC) can suspend or expel a member of the national assembly.

Citing Article 57(7) of the PDP constitution, Chimaroke said the party’s rules state that “Notwithstanding any other provision relating to discipline, no Executive Committee at any level, except the National Executive Committee, shall entertain any question of discipline as may or concern a member of the National Executive Committee, Deputy Governors or members of the National Assembly, provided that nothing in this Constitution shall preclude or invalidate any complaint submitted through the National Working Committee to the National Executive Committee concerning any person whatsoever”.

“Article 59(3) — Notwithstanding any other provision of this Constitution relating to discipline, no Executive Committee at any level except the National Executive Committee shall entertain any question of discipline as may relate or concern a member of the National Executive Committee, President, Vice President, Governors, Deputy Governors, Ministers, Ambassadors, Special Advisers or member of any of the legislative houses.

“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,” the statement reads.

“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.

“It, therefore, gives us great concern, that your proposed disciplinary hearing of 8 February, 2023 as stated in your letter of 1st February, 2023, is built and erected on the illegal and invalid meeting and decision taken by the National Working Committee of your Party at its meeting of 20 January, 2023, suspending our client from the Party.

“Your letter to our client dated 1st February, 2023 made it abundantly clear that the complaint against our client was made to your committee by the National Working Committee.

“However, by virtue of the provision 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 lawmaker said his expulsion is “illegal and a nullity” adding that the PDP NWC must reconsider its decision.

“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,” he said.

“We have only requested your committee to comply strictly with the clear provisions of the Constitution of the Party under which you claim to be proceeding.

“Your proposed disciplinary hearing of 8 February, 2023 is wholly erected on illegality and your committee equally has no powers under the Constitution of the party to invite our client to entertain any disciplinary matter against him.”