The Federal High Court in Abuja on Thursday Dismissed Senator Kashamu Buruji from the Peoples Democratic Party, PDP.
The court, in a judgment that was delivered by Justice Valentine Ashi, maintained that though the PDP was empowered by its constitution to discipline, reprimand, bar or expel recalcitrant members from its fold, it held that due process must be followed in the exercise of such powers.
The judgement followed a suit marked FCT/HC/CV/0303/
While deciding the case, Justice Ashi noted that the court had in a previous ruling it delivered on October 10, nullified the suspension of Kashamu and other members of the party in Ogun state on the premise that the action was carried out without regards to due process and in total disregard to a pending suit on the matter.
Even though Justice Ashi granted the first two prayers PDP sought to the effect that it has the power to reprimand its erring members, he, however, stressed that the granted reliefs did not amount to a reversal of the court’s earlier decision that voided the expulsion of Kashamu and the others.
According to the court, “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 reliefs succeed is not to say that the suspension 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”.
Nevertheless, Justice Ashi declined to pronounce on the plaintiff’s other reliefs which include prayers for restraining injunctions against the defendants to prevent them from taking steps to disrupt the last non-elective convention that was helped by the PDP.
The judge said the reliefs was overtaken by events since the said convention has since been held.
It will be recalled that PDP had through a letter dated August 1, announced its expulsion of Senator Kashamu who is representing Ogun East and the state PDP Chairman, Engr Adebayo Dayo.
However, in a ruling, he delivered on October 10, Justice Ashi voided the expulsion on the ground that it was unlawful.
He held that PDP took the action in flagrant disobedience of a subsisting order the court made on December 7, 2017, which was restated on January 9, 2018, directing parties not to do anything to jeopardise the hearing of the pending case brought against Kashamu, Dayo and two others by the party itself.
The court accused the party of resorting to self-help by suspending its affected members, despite the pendency of the legal action is instituted against them.