Despite glaring defeat, PDP claims victory in court ruling on Kashamu’s expulsion

The Peoples Democratic Party (PDP) has hailed Thursday ruling of the High Court of the Federal Capital Territory in Apo, Abuja, on the case bothering on the party’s expulsion of Senator Buruji Kashamu and others in Ogun State.

PDP claim of victory and hailing of the court ruling on the matter was in spite of clear indications that the verdict of the court was not in its favour.

The court had in an earlier ruling on October 10, 2018, nullified the sacking of the senator who represents Ogun East senatorial district and the chairman of his factional of PDP, Adebayo Dayo, as well as some party members in the state loyal to them.

The court had then held that their 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.

Specifically, the court warned the party against carrying out any disciplinary action against the defendants (Kashamu and Dayo) without first having recourse to the court.

Not satisfied with the ruling, the PDP had returned to the court with a suit marked, FCT/HC/CV/0303/2017. In its new suit, the PDP prayed the court to, among others hold that as a party it had the power to discipline its erring members.

Ruling on the matter on Thursday, Justice Valentine Ashi, affirmed its earlier nullification of the expulsion of Senator Kashamu and others by the PDP.

He held that although a party had the power to discipline its members, it must follow due process in doing so.

While he agreed that PDP had the power to reprimand or take disciplinary measures, including barring or expelling  erring members, Ashi however said that the power must be exercised according to due process.

According to the judge, the affirmation of PDP’s power to discipline its members did not meant to say that  the  earlier ruling setting aside the suspension of Kashamu and others had been reversed.

“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  disciplinary powers, but with due process,” Ashi ruled.

He refused to make any declaration on PDP’s prayer seeking an order restraining Kashamu and others from disrupting the party’s non-elective convention, noting that it was no longer necessary to make any pronouncement on the prayer since the convention had been held.

Despite the ruling, the PDP said in a statement by its national publicity secretary, Kola Ologbondiyan that the ruling was a validation of Senator Kashamu expulsion from the PDP.

According to Ologbondiyan, “with the ruling the validity of Ladi Adebutu as the PDP governorship candidate in Ogun State is no longer in contention.”

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The PDP added, “Given his expulsion from the PDP in July this year, Senator Buruji lost his membership of our party and as such, did not partake in any of our nomination processes; did not purchase the PDP governorship nomination form and did not participate in any way whatsoever in our Ogun state governorship primary, yet he had continued to cause confusion and parade himself as PDP candidate.

“The PDP invites Nigerians, the people of Ogun state and particularly the Independent National Electoral Commission (INEC) to take copious note of the judgment of the court, in suit no: FCT/HC/0303/2017, which today, December 13, 2018 affirmed the powers of the PDP, as provided in her constitution, to discipline and punish any member who contravenes any of the provisions of its constitution.

“By this judgment, it is clear that Senator Buruji Kashamu is not a member of the PDP, and cannot, under any circumstance whatsoever, claim to be the governorship candidate of the PDP in Ogun state, more so, when he never participated in any of our nomination processes.”

The PDP then charged INEC to copiously take note of the development and reflect such in every issue regarding the conduct of governorship election in Ogun state.

Kashamu has been recognized by the Independent National Electoral Commission (INEC) as the candidate of the PDP for the 2019 Ogun State governorship election.

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