- The expulsion of Senator Buruji Kashamu by the PDP has been nullified
- The order was made by a Federal Capital Territory high court
- The court also issued a 48 hour ultimatum to the PDP's national chairman over disobedience of a previous court order on the matter
A Federal Capital Territory high court sitting in Apo area of Abuja has nullified the expulsion of the senator representing Ogun East senatorial district, Buruji Kashamu, by the Peoples Democratic Party (PDP).
The court in its ruling also set aside the expulsion of Ogun state chairman of the party, Adebayo Dayo.
Vanguard reports that Justice Valentine Ashi said the expulsion of the two party faithfuls was done in flagrant disobedience of a subsisting order the court made on December 7, 2017, and further restated on January 9, 2018.
The court also warned the PDP not to carry out any disciplinary action against the defendants without recourse to the pending proceeding before it.
Justice Ashi also set aside PDP’s letter dated August 1, conveying the expulsion to Kashamu and Dayo.
He ordered the PDP's national chairman, Uche Secondus 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 within 48 hours of receiving details of the ruling.
The court also inquired as an alternative, why Secondus should not be referred to the Attorney General of the Federation (AGF) for prosecution, before the magistrates’ court of the FCT, for obstructing the course of justice.
Ashi said: “The facts before me show that there has been a consistent pattern violation of the orders of this court by the respondent (PDP) with impunity. On the strength of the doctrine of lis pendens, it is wrong for the respondent to have acted this way against the applicants."
“It is trite law that where a party carries on an activity which is either out rightly by prohibited by a positive court order or where such party, after having due notice of a pending application brought against him to restrain him from so doing and he nevertheless goes ahead to do those very things that are either expressly prohibited by an order of court or in respect of which notice has been given, this court has the jurisdiction to undo what has been wrongly done and put parties back to the status quo. In my view, that is what ought to be the justice of this case.
"Accordingly, and in consequence, I make the following orders: “The purported expulsion of the 1st and 4th defendants from the PDP as announced by the respondent in the media and the letter of expulsion addressed to them and two others, which letter is dated the 1st of August 2018, is hereby set aside and nullified as an act done in gross and wilful violation of an express order of court made on the 8th of December 2017 and the 9th of January 2018 directing parties to maintain the status quo and in particular, not to carry out any disciplinary action against the applicants without first having recourse to this court.
“The said letter of expulsion of the applicants made by the respondent on the 1st of August 2018 is hereby set aside and declared null, void and of no effect, in that it was made in gross violation of the aforesaid subsisting orders of the court.
“The national chairman of the respondent party herein (PDP) is hereby ordered to show cause by affidavit, within 48 hours of the service of this order on him, explaining while the court’s disciplinary measures should not be meted out on him on the account of the contemptuous and gross violation of this court’s order made on the 9th of January 2018 or explaining why this court should not refer his conduct to the Attorney General of the Federation for prosecution before the Chief Magistrate’s Court of the FCT for the offence of obstruction of the course of justice.
“The case is fixed for the hearing of the cause to be shown, as ordered herein on the 17th of October 2018," the judge held.
Meanwhile, Legit.ng previously reported that a PDP pressure group in Ogun state accused Senator Kashamu of plotting to defect to the APC.
The group alleged that Kashamu wants to join the APC to prevent his extradition to the US by the federal government.
It warned the APC not to accept Kashamu as such action will portray both the APC and the federal government in very bad light.
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