IN what can be described as a
watershed judgment, a Federal High Court sitting in Asaba, Delta State has
ordered the Speaker of the Delta State House of Assembly, Chief Victor Ochei to
declare the Ukwani Constituency presently being occupied by Dr. Alphonsus Ojo
vacant.
watershed judgment, a Federal High Court sitting in Asaba, Delta State has
ordered the Speaker of the Delta State House of Assembly, Chief Victor Ochei to
declare the Ukwani Constituency presently being occupied by Dr. Alphonsus Ojo
vacant.
Ojo’s offence was that he decamped on September 28 last year from
the opposition Democratic People’s Party (DPP), under whose ticket he was
elected in the April 2011 election, to the ruling People’s Democratic Party
(PDP).
the opposition Democratic People’s Party (DPP), under whose ticket he was
elected in the April 2011 election, to the ruling People’s Democratic Party
(PDP).
Irked by the betrayal, in suit No. FAC/ASB/CS/129/12, the DPP and
one Mr. Chukwuma Dafiakpaku had dragged the House, Ochei, Ojo and the
Independent National Electoral Commission (INEC) to court, demanding that the
lawmaker’s seat be declared vacant in line with Section 109 of the 1999 Constitution.
one Mr. Chukwuma Dafiakpaku had dragged the House, Ochei, Ojo and the
Independent National Electoral Commission (INEC) to court, demanding that the
lawmaker’s seat be declared vacant in line with Section 109 of the 1999 Constitution.
In her judgment, which lasted about 10 minutes, Justice CMA
Olatoregun-Ishola ruled that the Speaker must compel the embattled lawmaker to
vacate his seat, as his decampment was not in order.
Olatoregun-Ishola ruled that the Speaker must compel the embattled lawmaker to
vacate his seat, as his decampment was not in order.
Quoting copiously from the Constitution, Justice Olatoregun-Ishola
disagreed with Ojo, who, among other reasons, said that he left the party for
the PDP as a result of serious internal crisis and factionalism, which was
tearing the party apart.
disagreed with Ojo, who, among other reasons, said that he left the party for
the PDP as a result of serious internal crisis and factionalism, which was
tearing the party apart.
According to her, Section 109 (g) of the Constitution
unambiguously stated that: “A member of a House of Assembly shall vacate his
seat in the House, if being a person whose election to the House was sponsored
by a political party, he becomes a member of another political party before the
expiration of the period, which the House was elected; provided that his
membership of the political party is not as a result of division of the party
of which he was previously a member or a merger of two or more political
parties or factions by one of which he was previously sponsored.”
unambiguously stated that: “A member of a House of Assembly shall vacate his
seat in the House, if being a person whose election to the House was sponsored
by a political party, he becomes a member of another political party before the
expiration of the period, which the House was elected; provided that his
membership of the political party is not as a result of division of the party
of which he was previously a member or a merger of two or more political
parties or factions by one of which he was previously sponsored.”
She said that even if there was a crisis in the DPP, it has not in
any way led to the break-up of the party, as it was still in existence with
neither a faction nor a splinter group.
any way led to the break-up of the party, as it was still in existence with
neither a faction nor a splinter group.
The presiding Judge said: “The third defendant is caught by the
extant provision of Section 109 of the Constitution. I am under the mandatory
obligation to declare his seat vacant. Consequently the
seat of the Ukwani Constituency has been declared vacant. The Speaker has been
ordered to declare the seat vacant. INEC should conduct another election.”
extant provision of Section 109 of the Constitution. I am under the mandatory
obligation to declare his seat vacant. Consequently the
seat of the Ukwani Constituency has been declared vacant. The Speaker has been
ordered to declare the seat vacant. INEC should conduct another election.”
Speaking with reporters in his house in Asaba, a sober Ojo
remarked that his lawyers would critically study the judgment before knowing
the next line of action to take.
remarked that his lawyers would critically study the judgment before knowing
the next line of action to take.
While appealing to his supporters to remain calm and not take the
law into their hands, the lawmaker, who was first sworn in 2009 after mounting
a legal challenge against Mr. Nicholas Ochor Ochor, however hinted that he will
go to the Appeal Court and if necessary to the Supreme Court in his quest for
justice.
law into their hands, the lawmaker, who was first sworn in 2009 after mounting
a legal challenge against Mr. Nicholas Ochor Ochor, however hinted that he will
go to the Appeal Court and if necessary to the Supreme Court in his quest for
justice.
Source: Guardian
