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PDP Can Suspend, Expel Wike According to Law, Court Rules

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The Abuja Division of the Federal High Court, on Wednesday, told the former governor of Rivers, Nyesom Wike, that the Peoples Democratic Party (PDP) has the right to suspend or expel him if the action is done under the law.

Justice James Omotosho stated this in a judgment on a suit filed by Mr Wike before the 2023 general elections to seek a court order to stop PDP from taking action against him without a fair hearing.

Mr Omotosho said the court had considered the processes filed by parties and arguments of counsel.

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.

He said though the party had the right to suspend or expel its members, it must comply with its law.

The judge said that though section 46(1) of the law vested jurisdiction on the court if one’s rights had been breached, he said the court would not dabble into the internal affairs of any political party, except where the party had violated the right of a member without recourse to its 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.

The judge, therefore, agreed that any member of a political party who appeared before a disciplinary committee should be allowed to defend himself.

“And if not, any decision taken shall be null and void,” he said.

He said, “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.”

The judge further said Mr Wike had 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 the party’s national chairman, Iyorchia Ayu, and his agents were bound to promote constitutional democracy.

The ex-governor had sued the PDP, its National Working Committee (NWC) and National Executive Committee (NEC) as first to third respondents.

Mr Wike, in the suit, marked: FHC/ABJ/CS/139/2023, dated and filed February 2 by his lawyer, Joshua Musa, SAN, also joined Mr Ayu; national secretary of PDP, Samuel Anyanwu, and the Independent National Electoral Commission as fourth to sixth respondents respectively.

He had prayed for an order directing all parties to maintain the status quo and stay all actions relating to the threat to suspend or expel him by the first to fifth respondents, pending the hearing and determination of the originating motion.

He asked the court to enforce his fundamental right to freedom of association which was allegedly about to be breached by the respondents.

But the PDP, through its lawyer, Johnson Usman, SAN, disagreed with Mr Wike’s submission.

He argued that the case was only based on speculation as Mr Wike had failed to provide evidence to substantiate that the respondents intended to suspend or expel him from the party.

He said the party had not contemplated suspending or expelling members of the G5 governors or the Integrity Group, despite engaging in anti-party activities.

He said Mr Wike and four other governors engaged in anti-party activities by forming the Integrity Group and campaigning for another presidential candidate in the February 25 election.

(NAN)

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Supreme Court Sets October 5 to Hear All Appeals on Nnamdi Kanu – Counsel

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By Eric Elezuo

The Lead Counsel of the Indigenous Peoples of Biafra (IPOB), Sir ifeanyi Ejiofor, has announced that the Supreme Court is set to hear all appeals on the IPOB peader, Mazi Nnamdi Kanu’s case on Thursday, October 5, 2023.

Ejiofor made the disclosure in a statement he personal signed and titled “UPDATE ON THE HEARING OF APPEALS ON ONYENDU MAZI NNAMDI KANU’S CASE BEFORE THE SUPREME COURT OF NIGERIA.”

The full statement reads:

The Supreme Court of Nigeria has slated for HEARING all Appeals on Onyendu Mazi Nnamdi Kanu’s case before the Apex Court on Thursday, 5TH OCTOBER, 2023.

Recall that on the 13th day of October 2022, the Court of Appeal, Abuja Judicial Division, delivered a Landmark Judgment in an appeal filed by Prof Mike Ozekhome, SAN,CON, OFR, Ph.D, on behalf of Onyendu Mazi Nnamdi Kanu, challenging part of the Federal High Court ruling, which had retained 7 counts out of the original 15 counts against Mazi Nnamdi Kanu, after striking out eight out of the 15 count charge.

The learned Justices of the Court of Appeal, in allowing the appeal filed by our erudite Lead Counsel-Prof. Mike Ozekhome SAN, directed the Federal Government of Nigeria to immediately release Mazi Nnamdi Kanu unconditionally.The intermediate court in the Landmark decision, proceeded in the aforesaid judgement to prohibit the Federal Government of Nigeria from further detaining Mazi Nnamdi Kanu, or prosecuting him on any indictment or charge before any court in Nigeria.

On the 5th day of October, 2023, Prof. Mike Ozekhome SAN, leading Sir Ifeanyi Ejiofor Esq., and others, will be exchanging the legal fireworks on behalf of Onyendu Mazi Nnamdi Kanu, in urging the Supreme Court to dismiss in its entirety the frivolous appeal filed by the Federal Government of Nigeria against this landmark judgement of the Court of Appeal; and to further set aside the ruling of the Court of Appeal staying the execution of its earlier judgment.

We are very firm, and committed to our solemn belief that the wheels of justice,though grinds slowly, but grinds exceedingly fine and towards the attainment of justice at the end of the day.
Justice shall prevail,by the grace of God. And the hour is here .

We move.

Thank you and God bless you all.

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Adeleke Cancels Independence Day Celebration in Osun

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Osun State governor, Senator Ademola Adeleke, has cancelled celebration of Independence Day slated for Sunday, October 1 in the state.

His spokesperson, Mallam Olawale Rasheed, announced on Friday in Osogbo that the governor urged residents of the State to pray for the peace and prosperity of the country.

“Let us use the Independence Day to meditate and pray on the state of our nation.

“Our people are passing through tough times. It is time to take stock and seek divine intervention and guidance in the affairs of our nation.

“I greet Osun people and Nigerians in general as the Independence Day knocks at our doors.

“Here in Osun, we will celebrate with meditation and prayers,” he said.

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Mohbad: Sam Larry Now in Our Custody, Police Confirm

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The Lagos State Police Command has arrested controversial Lagos socialite, Balogun Eletu, aka Sam Larry, over an ongoing investigation into the circumstances leading to the death of the singer, Ilerioluwa Aloba, aka Mohbad.

The Lagos State Police Command Public Relations Officer, SP Benjamin Hundeyin, confirmed the development to The Punch in a late Thursday night telephone interview.

“Yes, Balogun Eletu aka Sam Larry is now in our custody. He is currently assisting with the ongoing investigation,” Hundeyin said.

The police had earlier invited Sam Larry and singer, Azeez Fashola aka Naira Marley, for questioning over Mohbad’s demise.

The police, last week, also confirmed that pathologists had concluded the autopsy conducted on Mohbad, while they await the result.

He said, “Autopsy has been concluded. Awaiting results.” This development followed the exhumation of Mohbad by a combined team of the Nigeria Police Force and health officials.

The police had also arrested the nurse who reportedly injected the deceased singer before his demise on Tuesday, September 12.

The Punch

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