The Federal High Court sitting in Abuja has sacked 2 Cross River State House of Representatives members and 18 members of the state House of Assembly, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering judgment in a suit filed by the PDP with number; FHC/ABJ/CS/975/2021 against the lawmakers for their defection, Presiding Judge, Hon. Justice Taiwo Taiwo, held that there was no justification for the defection of the lawmakers, emphasizing that they have vacate their seats for abandoning the party that gave them victory.
The sacked Lawmakers are Michael Etaba, Legor Idagbor, Eteng Jonah William, Joseph A. Bassey, Odey Peter Agbe, Okon E. Ephraim, Regina L. Anyogo, Matthew S. Olory, Ekpo Ekpo Bassey, Ogbor Ogbor Udop and Ekpe Charles Okon.
Others are Hillary Ekpang Bisong, Francis B. Asuquo, Elvert Ayambem, Davis Etta, Sunday U. Achunekan, Cynthia Nkasi, Edward Ajang, Chris Nja-Mbu Ogar and Maria Akwaji.
Counsel to the 4th – 25th Defendants, Chief Mike Ozekhome (SAN), in his motion challenging the jurisdiction of the court to hear and determine the suit, argued that the cause of action arose in Calabar, and as such, the matter should be transferred to Calabar.
“Where there are more than one defendant, the suit can be established anywhere subject to the discretion of the court. I find no merit in the application for transfer,” Ozekhome, SAN, submitted.
The Defence Counsel’s argument did not fly high as Hon. Justice Taiwo ruled that there was nothing against the law that the suit be heard by his Court.
The sacked Lawmakers had further argued, in their defence, that there was a rancour in the PDP, which led to their expulsion from the party, whereas, the APC had told the court that the lawmakers were not its registered members.
Not satisfied with their defence, the trial Just, who accordinglly sacked the Lawmakers, held that they had intentions to mislead the court.
Joined as parties to the suit are; the Independent National Electoral Commission (INEC), speaker of the House of Representatives, National Assembly, clerk of the National Assembly, Cross River State House of Assembly, clerk of the State Assembly and the APC.
Meanwhile, Senior Advocate of Nigeria (SAN), Mike Ozekhome, has filed an appeal against the Federal High Court, Abuja, judgment which sacked Cross Rivers State Lawmakers on Monday.
Special Adviser on Media and Publicity to Governor Ben Ayade of Cross River State, Christian Ita, made the position known in a statement on Tuesday.
According to him, “This is to inform All Progressives Congress (APC) members of the National Assembly from Cross River State, members of the Cross River State House of Assembly and the general public that an appeal against the judgement of the Federal High Court, Abuja has been filed at the Court of Appeal, Abuja.”
“Also, a motion for a stay of execution of the Federal High Court has been filed. Both processes were filed by renowned constitutional lawyer and Senior Advocate of Nigeria (SAN), Chief Mike Ozekhome.”
“Following the filing of the two processes, automatically the orders of the lower court are stayed. Consequently, the APC members in both the National Assembly and the Cross River State House of Assembly should go about their duties freely,” the statement added.
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