Appeal Court Removes House Of Reps Member From Ondo State For Dumping LP For APC

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 Osibajo, 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 (AC) 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.

His profile:http://www.nassnig.org/nass2/portfolio/profile.php?id=Hon.Ifedayo.A.Sunday