JUSTICE Taiwo Taiwo of a Federal High Court sitting in Abuja, on Monday, sacked 20 members of the Cross River State House of Assembly for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The court declared that the lawmakers, having abandoned the political party that sponsored them to power, ought to vacate their seats.
Justice Taiwo, giving judgment in a suit marked FHC/ ABJ/CS/975/2021, filed by the PDP, held that, “The action of the sixth to the 25th defendants is feeble and constitutes an attempt to pull wool over the eyes of the court, adding that “their counter-affidavit is manifestly defective.”
He consequently granted all the reliefs sought by the PDP in the suit.
The PDP had, in the suit, asked the court to sack the lawmakers over their defection to the APC.
The affected 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.
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The Independent National Electoral Commission (INEC), Speaker of the House of Representatives, clerk of the National Assembly, Cross River State House of Assembly, clerk of the state House of Assembly and the APC were also joined as defendants in the suit.
In opposition to the suit, Chief Mike Ozekhome, counsel for the fourth to 25th defendants, had challenged the court’s jurisdiction to hear the suit on the grounds that the cause of action arose in Calabar, Cross River State and that the matter should be transferred to the High Court in Calabar.
The trial judge, in his judgment, however, held that, “There is nothing against the law that the suit be heard by this court” and further held that the fourth to 25th defendants are joined with other defendants who have their offices in Abuja.
He said, “Where there are more than one defendants, the suit can be established anywhere, subject to the discretion of the court. I find no merit in the application for transfer.”
In their defence, the lawmakers had argued that there was rancour in the PDP at the time, leading to their defection from the party.
The judge, however, held that the defendants had intentions to mislead the court, adding that he found gaps and loopholes in their defence as they tried to twist events to suit their narratives.
“They wined and dined under the umbrella of the plaintiff who also gave them shelter,” Justice Taiwo held and further noted that the lawmakers not only defected loudly but “they took pictures of their defection and were received by officials of the 26th defendant.
“The is no doubt that the defendants can belong to or join any political association and assembly as they are free to do so. However, the truth must be told. They moved, after being elected on one party, to another.
“I consider the attempts of the sixth to 25th defendants to justify their defection feeble in the circumstances of this case,” he said and noted that the public voted for the lawmakers through the plaintiff who sponsored them and they were not voted for as independent candidates.
Reacting, Speaker, Cross River State House of Assembly, Mr Eteng Jonah-Williams, said he is not aware of any court judgment sacking him or any member of the assembly.
Jonah-Williams said this in an interview with the News Agency of Nigeria (NAN) in Calabar. on Monday.
He said the affected members had not been served with any court order.
“As far as I am concerned, I am not aware of any court judgment sacking me or any member because we have not been served with any court order as we speak,” he said
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