The Court, in a decision delivered by Justice Akintola Aluko, held that Ogbuoji by defecting from the party under whose platform he was elected to another party flouted section 68(1)g of the 1999 constitution.
The Court also ordered the Independent National Electoral Commission, INEC, to withdraw the certificate of return issued to the Senator immediately and to conduct a fresh election immediately to fill the seat.
The court also ordered the lawmaker to refund all monies be it salaries, allowances or any order form of payment he may have received as benefits from the position of Senator from the date of his defection to the coffers of government.
The said section 68(1)g says that “a member of Senate or House of Representatives shall vacate his seat in the House if being a person whose election to the house was sponsored by another political party, he becomes a member of another political party before the expiration of the period for which that house was elected. Provided that his membership of the latter political party is not as a result of a division in the political party which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored”.
In other words, any lawmaker who defects to another political party when the party under whose platform he was elected was not undergoing any form of crisis or was not part of a merger with two or more political parties, should vacate his seat.
Justice Aluko in the 71 page judgement obtained by DAILY POST held that Ogbuoji who defected from the People’s Democratic Party, PDP, to the All Progressives Congress, APC, in 2018 flouted the above section of the constitution.
The judgement was in respect of suit number FHC/AI/CS/44/2018 filed by Evo Ogbonnaya Anegu, Oti Ama Ude, Uche Richard Ajali, Una Sunday Okoro and Simon Ajali Ogbadu for themselves and on behalf of the teaming members of the PDP in Ebonyi South Senatorial District.
They had sued Mr Ogbuoji and the Independent National Electoral Commission, INEC(2nd Defendant) asking the court to declare Mr Ogbuoji’s seat vacant for defecting to the APC when there was no crisis or division in the PDP.
He noted that the crisis in the party was finally resolved in July 2017 by the Supreme Court but that before then he had resigned his membership of the party via a letter of resignation he submitted to the PDP Secretary of his Ebunwana Ward, one Ukpo Regina Agwu, in January 27, 2017.
He noted that the crisis in the party was finally resolved in July 2017 by the Supreme Court but that before then he had resigned his membership of the party via a letter of resignation he submitted to the PDP Secretary of his Ebunwana Ward, one Ukpo Regina Agwu, in January 27, 2017.
But the Plaintiffs countered by providing evidence that the said Regina Ukpo was not the Secretary of the Ward at the time the said letter was allegedly given to her as she had already been by expelled by the party on 23 January 2017.
They also argued with incontrovertible evidence that Ogbuoji who claimed to have defected from the PDP to APC in January 2017 took active participation in the non elective and elective congresses of the PDP which held on August and December 2017 as a delegate.
The Court, in its findings, said there were discrepancies in the evidences provided by Ogbuoji which rendered them unreliable and doubtful.
For example, the court noted that some of the documentary exhibits presented by the defence like signatures of Ukpo Regina Agwu, the erstwhile Ebunwana Ward Secretary, were found to be materially different in the various documents provided to the court .
“There is no basis to attach any probative or evidential value to the said exhibits
What that means is that the defendant’s claim of resignation ( on January 2017) is shrouded in inconsistency, contradiction and suspicion,” the judge said.
The Court agreed with the Plaintiff’s claims that most of the documents provided by the 1st Defendant were concocted for the purpose of the suit only.
The Court, in conclusion, said that it has been tremendously and sufficiently established by credible evidence that Ogbuoji defected to the APC in January 2018 and not January 2017 as he claimed in his defence.
It also said that at the time of his defection there was no division or faction in the PDP to warrant such defection as permitted by section 68 (1)g of the constitution.
By the evidence before me, I find that the 1st defendant is guilty of unholy political flirtation and coquetry which the makers and drafters of the constitution resolved to outlaw by the enactment of section 68(1)g of the constitution,” Justice Aluko declared.
The Judge further held that having defected to another party when there was no crisis in his original party, Mr Ogbuoji ought to have vacated his seat.
Having failed to vacate his seat in the Senate following his unconstitutional defection in a manner that suggests that he ate his cake and still wanted to have it, he is liable to be forced out and made to refund to the National Assembly all monies in form of salaries, allowances, or whatsoever paid to him by virtue of his unconstitutional holding on to the position as a senator of the Federal Republic of Nigeria beginning from the date of his unconstitutional defection till date,” he stated.
Having failed to vacate his seat in the Senate following his unconstitutional defection in a manner that suggests that he ate his cake and still wanted to have it, he is liable to be forced out and made to refund to the National Assembly all monies in form of salaries, allowances, or whatsoever paid to him by virtue of his unconstitutional holding on to the position as a senator of the Federal Republic of Nigeria beginning from the date of his unconstitutional defection till date,” he stated.
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