The Supreme Court has removed Sopuluchukwu Ezeonwuka of the
Peoples Democratic Party from representing Orumba North/South, Anambra Federal
Constituency in the House of Representatives.
Justice Kudirat Kekere-Ekun gave the ruling in an appeal
filed against Ezeonwuka’s election by a member of the party, Chief Ben-Nwankwo,
in Abuja on Friday.
Nwankwo’s name was wrongly substituted with the first
respondent (Ezeonwuka) after he had obtained the nomination of the party to
contest the National Assembly election.
Dissatisfied with the Feb. 20, 2015 judgment of the Federal
High Court in Abuja and the decision of the Court Appeal to uphold it, Nwankwo
approached the apex court.
“Conclusion: having resolved the key issues in favour of the
appellant, the appeal succeeds and it is hereby allowed.
“The judgment of the Court of Appeal delivered on June 26,
2016, is hereby set aside for being a nullity having exceeded its jurisdiction
by granting relief not sought by the parties before it.
“This follows that the judgment of the Federal High Court,
Abuja, delivered on Feb.20, 2015 was delivered without jurisdiction and it’s a
nullity. It is equally set aside.
“The Originating Summons filed on Dec.15, 2014 in FHC/Abj/CS/1013/2014
is hereby struck out’’, she said.
Justice Kekere-Ekun further held that: “the consequence of
the above order is that the parties shall revert to the status quo ante.
“The existing position before the first respondent (Ezeonwuka)
filed a suit at the trial court was that not only was the appellant’s name
submitted to INEC for the March 28, 2015, election, he won the election.
“It was at the point of being issued the Certificate of
Return that he was confronted by a letter conveying the order of the trial
court stopping that action.
“In the circumstances, it is hereby ordered that the
appellant, Chief Ben Nwankwo, being the candidate duly sponsored by the PDP in
that election is entitled to be issued with the certificate of return.
“The second respondent is hereby ordered to issue Chief
Nwankwo a certificate of return in respect of the National Assembly election
held March 28, 2015, forthwith,” she said.
The judge also further said: “the first respondent
(Ezeonwuka) is hereby ordered to vacate the seat of the Orumba North/South
Federal Constituency of Anambra State in the National Assembly forthwith’’.
“It is further ordered that Ezeonwuka shall refund to the
National Assembly all monies collected by him by way of salaries and allowances
since he took the seat within 90 days.
“And finally, a fine of N500, 000 is awarded in favour of
the appellant against the first respondent,” the judge held.
The appellant had asked the court to decide whether the
lower court had jurisdiction to deliver judgment dated June 26, 2015, without
considering and determining pending motion on notice dated June 18, 2015.
The appellant had in that motion sought permission of the
court to appeal against the judgment of the trial court as an interested party.
He also urged the court to decide whether the court below
was entitled to determine who should be the sponsored candidate of the party.
(NAN)
This story was first published on PUNCH
