A member of the House of Representatives, Mr
Ifedayo Abegunde A.K.A Abena, representing Akure North/Akure south Constituenc has been sacked and ordered to vacate his seat by a Federal High Court in Akure. Abegunde was elected into the parliament
on the platform of the ruling Labour Party (LP) in April 2011
general elections, but defected to the Action Congress of Nigeria
(ACN) after a few months in the House.
Labour Party subsequently began a recall process against him and approached
the court to sack the decampee lawmaker in order for the party to reclaim his seat.
The lawmaker also filed a counter motion seeking judicial
protection against his recall by the Ondo State House of Assembly, Labour Party, the Speaker of the House of Representatives,
Alhaji Aminu Tambuwal and Independent National Electoral Commission (INEC).
Abegunde’ s counsel, Chief Adekola Olawoye had
argued that by the provisions of Section 68(1) (g) of the 1999
Constitution and the imbroglio, division and factionalization in LP, he is
entitled to dump the party. The defence counsel and the Attorney General and
Commissioner for Justice, Mr. Eyitayo Jegede (SAN) leading the Director of
Civil Litigation, Barr. Rotimi Olamide submitted that since Abegunde had
dumped LP and has not proved any division within party, he has
automatically vacated his seat as a federal lawmaker.
The defendants also prayed that INEC should conduct
a bye election to fill the vacant seat.
In her judgment, Justice Gloria Okeke said that without a political party, no candidate can contest an election since there is no provision for independent candidacy in Nigerian elections.
Citing a Supreme Court decision in Amaechi vs INEC (2008) 5 NWLR Pt. 1080, she added that “if it is only a party that canvasses for votes, it follows that it is a party that wins an election. A good or bad candidate may enhance or diminish the prospect of his party in winning, but at the end of the day it is the party that wins or loses an election.” Okeke held further that Abegunde could not prove the alleged division and crisis in LP by the virtue of the letter signed by the State Resident Electoral Commissioner, Mr. Akin Orebiyi that “we are not aware of any crisis or issue concerning dispute in LP. “We were also present at the Congress that produced the elected and recognized State Chairman of the party. As far as INEC was concerned, there was no crisis or factionalization in LP in Ondo State.” INEC declared. According to the Judge, the issue raised by Abegunde was not a dispute that should warrant his defection to the ACN, adding that it is a constitutional matter that a parliamentarian who defects in this manner “shall (mandatory and not a mere directive, not a matter of opinion) vacate his seat”. “Since it is the 9th defendant, Labour Party that sponsored the plaintiff (Abegunde) in the election into the House of Representatives to represent Akure North/Akure South Federal Constituency and defected on account of unproven imbroglio, crisis, dispute and factionalization in the party, the plaintiff has lost the seat and should therefore vacate the seat and I so hold” Okeke ruled.
In her judgment, Justice Gloria Okeke said that without a political party, no candidate can contest an election since there is no provision for independent candidacy in Nigerian elections.
Citing a Supreme Court decision in Amaechi vs INEC (2008) 5 NWLR Pt. 1080, she added that “if it is only a party that canvasses for votes, it follows that it is a party that wins an election. A good or bad candidate may enhance or diminish the prospect of his party in winning, but at the end of the day it is the party that wins or loses an election.” Okeke held further that Abegunde could not prove the alleged division and crisis in LP by the virtue of the letter signed by the State Resident Electoral Commissioner, Mr. Akin Orebiyi that “we are not aware of any crisis or issue concerning dispute in LP. “We were also present at the Congress that produced the elected and recognized State Chairman of the party. As far as INEC was concerned, there was no crisis or factionalization in LP in Ondo State.” INEC declared. According to the Judge, the issue raised by Abegunde was not a dispute that should warrant his defection to the ACN, adding that it is a constitutional matter that a parliamentarian who defects in this manner “shall (mandatory and not a mere directive, not a matter of opinion) vacate his seat”. “Since it is the 9th defendant, Labour Party that sponsored the plaintiff (Abegunde) in the election into the House of Representatives to represent Akure North/Akure South Federal Constituency and defected on account of unproven imbroglio, crisis, dispute and factionalization in the party, the plaintiff has lost the seat and should therefore vacate the seat and I so hold” Okeke ruled.
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