Law News
Ekiti: APC asks court to sack pro-Fayose defectors

The All Progressives Congress has asked the Federal High Court, Abuja, to declare the seats of Ekiti six lawmakers vacant, for defecting to the Peoples Democratic Party.

According to a copy of the originating summons obtained by our correspondent on Friday, the party prayed the court to order a bye-election to fill their seats in accordance with the 1999 Constitution.

The affected members of the Ekiti State House of Assembly are the factional Speaker, Mr. Dele Olugbemi; Israel Olowo, Alex Ade Ojo, Adeyinka Adeloye, Mrs. Adunni Olayinka and Ayoka Fatumbi.

They are joined with the PDP and the Independent National Electoral Commissioner as defendants in the action brought through Originating Summons by the Plaintiff’s counsel, Dr. Olatunji Abayomi.

The lawmakers who won their seats on the platform of the Action Congress of Nigeria which later merged with other political parties to form the APC, defected on October 16 at the inauguration of Governor Ayodele Fayose in Ado-Ekiti.

The plaintiff asked the court to determine, *Whether upon proper construction of the provisions of Section 109(1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, the defendants being persons whose elections to the House of Assembly was sponsored by the ACN, now the APC, can continue to retain their seats in the said House having become members of another political party, the Peoples Democratic Party since October 16, 2014 before the expiration of the period for which the House was elected.

*Whether the first to sixth defendants can validly pass or participate in making any legislative decision in the House of Assembly upon their defection from October 16, 2014 from the plaintiff, the APC to the seventh defendant (PDP) having regard to S. 109(1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

*Whether it is proper and necessary and in compliance with democratic rights and interest of their constituency for the eight defendant to conduct an election to fill the seats presently occupied by the first to sixth defendants, upon their defection from the plaintiff to the seventh defendant (the PDP).”

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