16.Sep.2014 Yinka Oladoyinbo - Akure

THE Court of Appeal sitting in Akure, the Ondo State capital, on Monday, sacked the member of the House of Representatives, Mr Ifedayo Sunday Abegunde representing Akure South and North federal constituency from the National Assembly.

The court declared the seat of the only All Progressives Congress (APC) vacant following his defection from Labour Party (LP) on which platform he was elected.

The appellate court ruled that Abegunde did not adhere to the constitutional process of defecting from one party to another.

Abegunde popularly known as Abena had defected from the ruling LP to rival APC because of an alleged division in the party.

However, apparently wanting to prevent his recall from the House of Representatives, Abegunde through his lawyer, Mr Yemi Osinbajo, sought the protection of the Federal High Court.

He asked the court to pronounce that the division within the LP facilitated his defection to the APC.


In his originating summons, Abegunde wanted the court to determine whether or not in view of the provisions of section 68(1) (g) of the 1999 Constitution of the Federal Republic of Nigeria as amended, he is not entitled to dump the LP to another party.

However, the State Attorney General and Commissioner for Justice, Mr Eyitayo Jegede, filed a counter-claim among others claiming that he should automatically vacate the seat having left the LP that sponsored him into the National Assembly.

The lower court however ruled that Abegunde was wrong to have defected from LP to the then Action Congress of Nigeria (ACN) thereby declared the seat vacant following which the appellant approached the appeal court to upturn the decision of the lower court.

After the exchange of briefs and written addresses by the plaintiff and defendants, the appeal court dismissed the appeal filed by the lawmaker and upheld the verdict of the lower court.

Aside from setting aside the written address of the lawmaker, the presiding judge said the appellant had violated section 68 (1) (g) of the 1999 Constitution and should therefore vacate his seat.

http://www.tribune.com.ng/news/news-headlines/item/16135-appeal-court-sacks-ondo-apc-reps-member

After how many years? ..... When the whole tenure is almost expire

These should sound as a warning to those lawmakers who ar dumping their original party.
Such could only happen to APC that dump their former party. But if the person is dumping APC to another party PDP or labour party then trust the court they will surely have something to say to protect the person.

The law clearly permit defection of elected persons only WHEN there is a division in the party ie in the National Executive Committee of the party(NEC).this is to protect party's mandate. In the case of the Honorable there wasn't division in LP as at when he defected, hence, his seat is vacant.
He should prepare 4 d general election. Next time he should consult with legal practitioners b4 taking his decision.

2cato: These should sound as a warning to those lawmakers who ar dumping their original party.
Such could only happen to APC that dump their former party. But if the person is dumping APC to another party PDP or labour party then trust the court they will surely have something to say to protect the person.

our judiciary is as useless as the executive arm it is tied to.
The most watery judgement by a court in recent time is this particular one. Nonsense!

barcanista: The law clearly permit defection of elected persons only WHEN there is a division in the party ie in the National Executive Committee of the party(NEC).this is to protect party's mandate. In the case of the Honorable there wasn't division in LP as at when he defected, hence, his seat is vacant.
He should prepare 4 d general election. Next time he should consult with legal practitioners b4 taking his decision.

defection is allowed even if it is his ward/LG party body that is having crisis.

Caseless: our judiciary is as useless as the executive arm it is tied to.
The most watery judgement by a court in recent time is this particular one. Nonsense!

to avoid such why not advice the henchmen in A.boki Pile Commitee to stop encouraging people to jump ship

and the PDP is jst waiting for 2015 election to move closer, so they wil resurect their own case

2cato: to avoid such why not advice the henchmen in A.boki Pile Commitee to stop encouraging people to jump ship

i thought u were one of those 'sensible' guys.

Caseless: i thought u were one of those 'sensible' guys.

i am neither pro APC or pro PDP. Most of the damages to our country have been done by APC esp selling nigerian to BH and sponsoring BH against nigeria. Their greatest evil to nigerians is always pointing out the negative things about nigerians to the outside world.

segzyj: After how many years? ..... When the whole tenure is almost expire

At least the judicial precedence has been set.

Caseless: our judiciary is as useless as the executive arm it is tied to.
The most watery judgement by a court in recent time is this particular one. Nonsense!

u are a useless janjaweedian. cow

Caseless: i thought u were one of those 'sensible' guys.

he was neva sensible

Caseless: i thought u were one of those 'sensible' guys.

Lolz . . .You leaped too early in support . . . .

But what happens to the Gov. Olusegun Mimiko who wants to dump the LP for the PDP? Or, if he succeeds another Constitution will be written ro protect him under the Mbulari.

jmaine:

Lolz . . .You leaped too early in support . . . .

dont mind me o

barcanista: he was neva sensible

so many puccitards on this forum.

segzyj: After how many years? ..... When the whole tenure is almost expire

The case is not about election, but on defection.

Let INEC organize an election, Mr Ifedayo Sunday will be reelected. This will be fun. A 4 years bonus tenure, now that's cool

Caseless: so many puccitards on this forum.

their foolishness as a "PhD" Project will take forever to complete

egift:

The case is not about election, but on defection.

Let INEC organize an election, Mr Ifedayo Sunday will be reelected. This will be fun. A 4 years bonus tenure, now that's cool

lolssss na to complete the term o

egift:

The case is not about election, but on defection.

Let INEC organize an election, Mr Ifedayo Sunday will be reelected. This will be fun. A 4 years bonus tenure, now that's cool

lolssss na to complete the term o