The Supreme
Court has sacked Sopuluchukwu Ezeonwuka of the PDP from representing Orumba
North/South of Anambra Federal Constituency in the House of
Representatives.
Justice Kudirat
Kekere-Ekun gave the order on Friday in a judgment in an appeal filed against
Ezeonwuka’s election by a member of the PDP, Ben Nwankwo.
NAN reports
that 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 February 20, 2015 judgment of the Federal High Court in Abuja and the
decision of the Appeal Court to uphold it, Mr. 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 February 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 (INEC) is hereby ordered to issue Chief Nwankwo a certificate of
return in respect of the National Assembly election held March 28, 2015
forthwith."
The judge also
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."
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