Chima Azubuike, Gombe
The Gombe state High Court 12 on Tuesday, ruled that issues concerning suspension of a Party member remains within the purview of the state working committee of the political party to resolve differences and not the courts.
Justice Mohammed Auwal of the state high court gave this ruling in a case filed by Hon. Rambi Ayala, challenging his suspension by the Peoples Democratic Party (PDP) in Gombe state.
Ayala represents Billiri East constituency, he challenged his suspension from the People’s Democratic Party. Ayala had relied on two fundamental issues: first the right of a member to belong to a political party of his choice guaranteed under section 49 of the Nigerian constitution and secondly the right of the member to be given fair hearing on issues of conflict.
In the judgement of the High Court, it ruled that the suspension of the member remains the issue for the party to deal with.
Speaking on the ruling of the court, Ayala’s lawyer, Barr. Peter Aki said, “Hon.Ayala’s party (PDP) suspended him without fair hearing so he felt aggrieved. That was why he came to court that the suspension was wrong. It is a constitutional violation of his fundamental right. The next action is for the Hon. Ayala to test the judgement because the party constitution is subject to the federal constitution, it supersede the right guaranteed by the party’s constitution.”
While reacting to the resignation of Hon. Ayala’s membership from PDP whilst contesting his suspension Barr. Aki stated that injustice to one is injustice to all.
“It is a fundamental issue that is worth protecting, irrespective of whether or not he belongs to the party but to make the whole world know that the party has been unfair to him. If he left due to unfair treatment it is justifiable in law. Our going to court is to let the whole world know that the party’s constitution is not superior to the county’s constitution
The Peoples Democratic party had challenged the submissions of the applicant stating issues of conflict within the party remains a party affair and not issues of litigation.
