A High Court of the Federal Capital Territory (FCT) sitting in Apo, Abuja, has set aside the Peoples Democratic Party’s (PDP) expulsion of Senator Buruji Kashamu (Ogun East) and the Ogun State Chairman of the party, Engr Adebayo Dayo.
Justice Valentine Ashi, in a ruling on yesterday, held that purported expulsion was unlawful because it was done in flagrant disobedience of a subsisting order of 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.
The court had, while restating its earlier order on January 9, 2018 added that the PDP must not carry out any disciplinary action against the defendants without first, having recourse to the court.
Justice Ashi, who nullified the expulsion, also set aside the PDP’s letter, dated August 1, 2018 conveying the expulsion to Kashamu and Dayo.
The judge ordered PDP’s Chairman, Uche Secondus to, within 48 hours of his receipt of the court order, to show cause why the court’s disciplinary measure should not be deployed against him for aiding his party to violate a valid court order.
The ruling was on an application filed by Kashamu and Dayo, marked: M/8696/2018, which was argued for the applicants by their lawyer, Charles Ndukwe.
The PDP had, on December 4, 2017 sued Kashamu and four others and sought among others, order restraining Kashamu and the other defendants from preventing it from carrying out its legitimate activities, including its national convention slated for December 9 and 10, 2017.
On December 7, 2017, the court granted PDP’s ex-parte motion and ordered parties to maintain the status quo, by refraining from doing anything that is capable of jeopardising the hearing of the pending interlocutory application and the substantive suit.
Sued with Kashamu were: Chief Makanjuola Ogundipe (PDP South West leader), Alhaji Adewale Adeyanju, Engr Adebayo Dayo and the Independent National Electoral Commission (INEC).