*Adjourns suit till September 27
![image](/2021/07/Justice-Ejembi-Eko-1.jpg")
![image](/2021/08/lawp.jpg")
Justice Chuka Obiozor of the Federal High Court, Benin City, Edo
State, has ordered the service of a suit seeking the removal of
eight lawmakers in the Edo State House of Assembly following their
defection from the All Progressives Congress (APC) to the Peoples
Democratic Party (PDP), last October.
![image](/2021/07/escrow-service1.jpg")
Justice Obiozor issued the order while delivering ruling in an
exparte application seeking service of the suit through substituted
means.
The lawmakers, who include the Speaker of the House, Francis
Okiye, Ojiezele Sunday, Onoben Iziegbeya, Okoduwa Ewah, Aluebhosele
Ephraim, Asoro Roland, Yekini Idiaye and Nosayaba Okunbor, had left
the APC for the PDP few weeks to the governorship election last
year.
The Edo State House of Assembly has a total of 10 members.
However, an aggrieved member of the APC, Mr. Emankhu Addeh in a
suit sought the removal of the eight lawmakers on the grounds that
their defection violated the law.
The plaintiff, in addition to the suit, filed a motion exparte
praying the court to order the service of the suit on the
defendants through substituted means.
In a short ruling, the judge granted the application and ordered
the pasting of the suit at the usual or last known abode of the
defendants at the Edo State House of Assembly Quarters.
Justice Obiozor further ordered that a pictorial representation
of all such pasted processes is attached to the affidavit in proof
of service.
He subsequently adjourned till September 27 for mention of the
suit.
The Plaintiff in the Suit marked FHC/B/CS/63/21 asked the court
to declare vacant the seats of 8 out of the 10 members of the Edo
State House of Assembly for defecting from the party that sponsored
their election, the APC, to the PDP.
Some of the questions presented to the court for determination
included, “Whether by the construction of Section 109 (1)(g) of the
Constitution, the 1st to 8th defendants have automatically vacated
their seats in the Edo State House of Assembly, by the fact of
their defection from the All Progressive Congress (APC), the
political party that sponsored their election to the seats in the
House of Assembly, to the Peoples Democratic Party (PDP) variously
on 5/10/2020 and 1/2/2021 on the floor of the Edo State House of
Assembly, before the expiration of the lifespan of the House of
Assembly for which they were elected into?
Addeh urged the court to make the following declarations if the
answers to the questions were in the affirmative
“A declaration that the 1st to 8th defendants have automatically
vacated their seats as members of the House of Assembly of Edo
State, having defected to another political party and having left
the All Progressives Congress (APC), which sponsored their election
to the House of Assembly of Edo State, within the tenure of the
House of Assembly of Edo State.
He also wanted the court to direct the 1st to 8th defendants to
vacate forthwith, the Edo State House of Assembly seats of: Esan
South East Constituency; Esan West Constituency; Esan North East
Constituency; Esan North East Constituency 2; Igueben State
Constituency 3; Orhionmwon Constituency 2; Akoko Edo Constituency
1; and Orhionmwon Constituency 1, which they occupied
respectively.
“An Order of Court directing the Independent National Electoral
Commission, (the 10™ Defendant) to immediately conduct
bye-elections to fill the vacant seats of Esan South East
Constituency; Esan West Constituency; Esan North East Constituency
1; Esan North East Constituency 2; Igueben State Constituency;
Orhionmwon Constituency 2; Akoko Edo Constituency 1; Orhionmwon
Constituency 1: in Edo State House of Assembly”, and any other
order as the Honorable Court may make in the circumstances.
*Adjourns suit till September 27
Justice Chuka Obiozor of the Federal High Court, Benin City, Edo
State, has ordered the service of a suit seeking the removal of
eight lawmakers in the Edo State House of Assembly following their
defection from the All Progressives Congress (APC) to the Peoples
Democratic Party (PDP), last October.
Justice Obiozor issued the order while delivering ruling in an
exparte application seeking service of the suit through substituted
means.
The lawmakers, who include the Speaker of the House, Francis
Okiye, Ojiezele Sunday, Onoben Iziegbeya, Okoduwa Ewah, Aluebhosele
Ephraim, Asoro Roland, Yekini Idiaye and Nosayaba Okunbor, had left
the APC for the PDP few weeks to the governorship election last
year.
The Edo State House of Assembly has a total of 10 members.
However, an aggrieved member of the APC, Mr. Emankhu Addeh in a
suit sought the removal of the eight lawmakers on the grounds that
their defection violated the law.
The plaintiff, in addition to the suit, filed a motion exparte
praying the court to order the service of the suit on the
defendants through substituted means.
In a short ruling, the judge granted the application and ordered
the pasting of the suit at the usual or last known abode of the
defendants at the Edo State House of Assembly Quarters.
Justice Obiozor further ordered that a pictorial representation
of all such pasted processes is attached to the affidavit in proof
of service.
He subsequently adjourned till September 27 for mention of the
suit.
The Plaintiff in the Suit marked FHC/B/CS/63/21 asked the court
to declare vacant the seats of 8 out of the 10 members of the Edo
State House of Assembly for defecting from the party that sponsored
their election, the APC, to the PDP.
Some of the questions presented to the court for determination
included, “Whether by the construction of Section 109 (1)(g) of the
Constitution, the 1st to 8th defendants have automatically vacated
their seats in the Edo State House of Assembly, by the fact of
their defection from the All Progressive Congress (APC), the
political party that sponsored their election to the seats in the
House of Assembly, to the Peoples Democratic Party (PDP) variously
on 5/10/2020 and 1/2/2021 on the floor of the Edo State House of
Assembly, before the expiration of the lifespan of the House of
Assembly for which they were elected into?
Addeh urged the court to make the following declarations if the
answers to the questions were in the affirmative
“A declaration that the 1st to 8th defendants have automatically
vacated their seats as members of the House of Assembly of Edo
State, having defected to another political party and having left
the All Progressives Congress (APC), which sponsored their election
to the House of Assembly of Edo State, within the tenure of the
House of Assembly of Edo State.
He also wanted the court to direct the 1st to 8th defendants to
vacate forthwith, the Edo State House of Assembly seats of: Esan
South East Constituency; Esan West Constituency; Esan North East
Constituency; Esan North East Constituency 2; Igueben State
Constituency 3; Orhionmwon Constituency 2; Akoko Edo Constituency
1; and Orhionmwon Constituency 1, which they occupied
respectively.
“An Order of Court directing the Independent National Electoral
Commission, (the 10™ Defendant) to immediately conduct
bye-elections to fill the vacant seats of Esan South East
Constituency; Esan West Constituency; Esan North East Constituency
1; Esan North East Constituency 2; Igueben State Constituency;
Orhionmwon Constituency 2; Akoko Edo Constituency 1; Orhionmwon
Constituency 1: in Edo State House of Assembly”, and any other
order as the Honorable Court may make in the circumstances.