Court wants status quo on vacant assembly seat

A Federal High Court in Abuja has ordered that status quo be maintained on Cross River state House of Assembly’s attempt to declare vacant the seat of Hon. Elucate Okora Ekom, in the state legislature.

Speaker of the House, Hon John Gaul Lebo, had recently declared the seat vacant over Ekom’s decision to defect from the Peoples Democratic Party (PDP) to the All Progressive Congress (APC), a move challenged by Ekom at the court.

He represents Obubra II state constituency in the PDP dominated assembly.

The Speaker of the House had also requested the Independent National Electoral Commission (INEC) to conduct by-election to fill the seat.

But in an order on August 9, 2017, by the court presided over by Justice Nnamdi Dimgba, both sides were instructed to “maintain that status quo that exists as at today, the 9th day of August.”

Joined in the suit were INEC, the Speaker, Cross River State House of Assembly, PDP, APC, among others.

Justice Dimgba, however, adjourned the matter to September 18, 2017for further hearing.

Hon. Ekom, in his relief, had argued that according to section 40, 109 (1g) of the Constitution of the Federal Republic of Nigeria, he was entitled to retain his seat even after leaving the party on which platform he was elected into the Assembly.

He had also urged the court to set aside the decision of the house to declare his seat vacant because his former party, the PDP, was in crisis at the time he defected to APC.