Defection: Court Sacks 2 Reps, 18 Cross RiverAssembly Members

Alex Enumah

Barely two weeks after a Federal High Court in Abuja sacked the Governor of Ebonyi State, Dave Umahi, his deputy and 15 members of the State House of Assembly, another court has ordered the immediate removal of two House of Representatives members and 18 legislators of the Cross River State House of Assembly to vacate office.
Justice Taiwo Taiwo also of the Abuja Division of the Federal High Court on Monday ordered their removal from office on account of their defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).

Justice Taiwo in a Judgment held that the affected federal and state legislators cannot continue to occupy office having dumped the party that brought them into office.

While the two House of Representatives members to vacate their office are; Micheal Etaba and Legor Idagbor, those ordered out of the Cross River State House of Assembly include; Eteng William, Joseph Bassey, Odey Agbe, Okon Ephraim, Regina Anyogo, Mathew Olory, Ekpo Bassey, Ogbor Udop, Ekpe Okon, Hillary Bisong, Francis asuquo, Elvert Ayambem, Davis Etta.

Others include Sunday Achunekan, Cynthia Nkasi, Edward Ajang, Chris Ogar and Maria Akwaji.
The sacked lawmakers had joined the Governor, Prof Ben Ayade and his deputy to dump the PDP for the APC in May last year.

But the PDP in a suit instituted on its behalf by Mr Emmanuel Ukala, SAN, had approached the court to challenge the legality of the actions of the decampees.

Among the issues it brought before the court for determination are that “Whether upon a proper interpretation of the provisions of Sections 68 (1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and in view of the decision of the Supreme Court of Nigeria in the case of ABEGUNDE v. ONDO STATE HOUSE OF ASSEMBLY (2015), the 6 and 7 Defendants being persons whose election to the House of Representatives was sponsored by the Plaintiff and having become members of another political party, the 26” Defendant, before the expiration of the period for which the House was elected, that is, June 11, 2019 to June 10, 2023, the 6 and 7 defendants have not thereby vacated their seats in the House of Representatives? 

“Whether upon.a proper interpretation of the provisions of Sechon 109 (1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and in view of the decision of the Supreme Court of Nigeria in the case of ABEGUNDE V. ONDO STATE HOUSE OF ASSEMBLY, (2015), the 8 to 25 Defendants being persons whose election to the Cross River State House of Assembly were sponsored by the Plaintiff and having become members of another political party, the 26 defendant, before expiration of the period for which the House was elected, that is, June 11, 2019 to June 10, 2023, the 8 to 25 defendants have not thereby vacated their seats in the Cross River State House of Assembly? 

The PDP submitted that if the above questions were answered in its favour, then the court should go ahead to declare their seats vacant on account of their defection to the APC.

PDP then prayed the court for an Order of Injunction restraining the 6 to the 25 Defendants, respectively or collectively from acting or in any manner howsoever continuing to act as members of House of Representatives and Cross River State House of Assembly haven defected to the APC.

 PDP further sought another order restraining the Independent National Electoral Commission ( INEC), Speaker of the House of Representatives, Clark of the National Assembly and Clark of the Cross River State House of Assembly who are 1st to 5th defendants respectively from continuing to recognize the defectors as legislators on account of their defection.

“An Order of Mandatory Injunction compelling the 1st defendant to accept from the Plaintiff the list of its candidates for the purpose of filling the vacancy created by the exit of the 6 to 25 defendants from the House of Representatives (for the 6th and 7th Defendants), and the Cross River State House of Assembly (for the 8 to 25 defendants) by reason of becoming members of a different political party, (the All Progressives Congress) before the expiration of the term for which they were elected into office an the sponsorship of the Plaintiff and to present certificate of retum to the said candidates contained in the Plaintiff List, alternatively for an order compelling the 1st defendant to conduct election (within 90 days) into the offices formerly occupied by the 6th to 25th defendants now vacant by operation of Sections 68(1)(g) and 109 (1g) of the Constitution.

Delivering judgment in the suit, Justice Taiwo held that the case of the plaintiff has merit and accordingly granted the reliefs sought by the plaintiffs.

The court earlier dismissed the submission of the defendants challenging jurisdiction, maintaining that “there is nothing against the law that the suit be heard by this court”, adding that the 6-25th defendants are joined with other defendants who have their offices in Abuja. 

“Where there are more than one defendant, the suit can be established anywhere subject to the discretion of the court,” he said.

“I find no merit in the application for transfer.”

Justice Taiwo, similarly dismissed claims by the sacked lawmakers that there was disagreement in the PDP which led to their expulsion from the party.

While he held that the defendants are free to belong to or join any political association and assembly of their choice, the court stressed that this freedom or liberty ends where others’ start.

He said, “I consider the attempts of the 6th – 25th defendants to justify their defection, feeble in the circumstances of this case.”, adding that the public voted for the lawmakers through the plaintiff who sponsored them and they were not voted for as independent candidates.

“They had a vehicle which conveyed them and that vehicle belongs to the plaintiff. They cannot abandon the vehicle,” he held.

Justice Taiwo further remarked that politicians treat citizens that elected them into power as if they do not matter when they assume office, adding that a day will come when elected officers must resign their post if they migrate to another party or seek the permission of the people for permission before they decamp.

Haven agreed with the plaintiff that the defendants’ continued stay in office amount to an illegality having crossed over to another party and also holding that votes belong to a political party and that the electorates voted for the legislators because they contested under the platform of the PDP and not in their individual capacity, the judge therefore ordered them to vacate office immediately.

The court also held that the plaintiff can forward names of its candidates to fill the vacant seat or in the alternative INEC should conduct another election within 90 days. 

Recall that another judge of the Federal High Court, Justice Inyang Ekwo had on March 8, sacked 15 lawmakers of the Ebonyi State House of Assembly as well as Governor Dave Umahi and his deputy for defection.

He held that votes in an election does not only belong to political parties but such votes cannot be transferred from party to party by politicians when they decamped from one party to another.

Judgment is however awaited in the suit filed against Governor Ayade and his deputy.