Thursday, June 25, 2015

Fed High Court Orders PDP House Of Reps Member To Vacate His Seat OverSubstitution Issues.


A Federal High Court in Abuja today ordered Honourable Godwin Idu, a Peoples Democratic Party (PDP) member of the House of Representatives to vacate his seat.Idu has been representing Onitsha North/South Federal Constituency of Anambra State, as a federal legislator elected on the platform of the PDP.

The presiding judge, Justice Adeniyi Ademola also cancelled the certificate of return which the Independent National Electoral Commission (INEC) earlier issued to Idu as the winner of the March 28, 2015 election. for the Onitsha North/South Federal Constituency seat.The judge, while delivering judgment in a suit challenging the submission of Idu’s name to the INEC as the candidate of the PDP for the election, ordered that the plaintiff in the suit, Ms. Lynda Chuba-Ikpeazu, should be sworn in Idu’s stead.
Chuba-Ikpeazu, had filed the suit which predated the March 28, 2015 election, on March 18, 2015, to challenge the substitution of her name earlier submitted to INEC as the winner of the PDP’s primary, with that of Idu.
The PDP, INEC, the National Working Committee of the PDP and Idu were the defendants in the suit.
INEC did not file any defence in the suit filed through the plaintiff’s counsel, Onyechi Ikpeazu (SAN).
The judge, as part of the ancillary orders in his judgment, also directed INEC to issue fresh certificate of return to Chuba-Ikpeazu.
The judge similarly ordered the Speaker and the Clerk of the National Assembly to swear in Chuba-Ikpeazu as replacement for Idu immediately.
The judge in granting all the prayers sought by the plaintiff held that the substitution of her name with that of Idu violated the provisions of sections 31(2)(j) and 50 of the PDP constitution; sections 31(1)(2) and 33 of the Electoral Act, 2010 (as amended); section 222(c) of the Constitution of the Federal Republic of Nigeria and Article 25 (xii) of the Electoral Guidelines for Primary Elections, 2014 of the PDP.
Story: Punch

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