HeadlinePDP Writes INEC, Seek Withdrawal Of Certificates Of Return From 14 Edo...

PDP Writes INEC, Seek Withdrawal Of Certificates Of Return From 14 Edo Lawmakers-Elect

BEVERLY HILLS, December 23, (THEWILL) – The Peoples Democratic Party (PDP) in Edo State has written the Independent National Electoral Commission (INEC) urging it to withdraw certificates of return from 14 members-elect of the Edo State House of Assembly.

This was contained in a letter to INEC Chairman, Prof Mahmoud Yakubu signed by Chikaodinaka Adindu, counsel for the PDP and its candidates in the House of Assembly election.

It said their refusal to subscribe to the oath of membership/allegiance for the affected constituencies throughout the Assembly’s first session and first quarter amounted to an abdication of office

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The PDP insisted that the 14 All Progressives Congress (APC) lawmakers-elect were not sworn in with the colleagues due to a political crisis in the state.

The PDP said the right thing for INEC to do was to withdraw the affected members’ certificates of return since they have failed to function as lawmakers.

The PDP opposed Speaker Frank Okiye’s call for a fresh election for the constituencies saying state resources should not be wasted in conducting fresh elections where there are first runners-up in the concluded elections and where the affected members-elect were not sworn in.

“The Doctrine of Necessity should be invoked to issue a certificate of return to the first runner-up in the election to save their constituencies from undue suffering and neglect having performed their civic responsibility of voting only to be denied the dividend of democracy.

“We are by this letter demanding/requesting you and your Commission to use your good offices to issue to our client’s certificates of return within the next seven days of the receipt of this letter.

“Failure to accede to request in the interest of justice and equity as clearly communicated by this letter, we shall be left with no other option than to carry out the full instructions of our clients by instituting an action in a court of law.

“We look forward to hearing from you within the next seven days.”

Letter reproduced below:


Our Ref: D13/AA/CR/074/19
Your Ref:
Date: 17thDecember, 2019

The Chairman
Independent National Electoral Commission (INEC)
Plot436, Zambezi Crescent
MaitamaDistrict
F.C.T Abuja.

Dear Sir,

AN IMPERATIVE CALL FOR YOUR SWIFT INTERVENTION WITH RESPECT TO SOME OF THE MEMBERS-ELECT WHO HAVE ABDICATED THEIR OFFICE IN THE EDO STATE HOUSE OF ASSEMBLY AND AS A RESULT, THEIR CONSTITUENCIES DECLARED VACANT BY THE SPEAKER

We act as Solicitors to thePEOPLES DEMOCRATIC PARTY(PDP) and some of itsCANDIDATESfor the 9thday of March, 2019 Edo State House of Assembly Constituencies election, i.e. (1).Zubairu Dada Abubakar, Etsako West Constituency I, (2).Barr. Ekoh Okoyomo Innocent, Esan Central Constituency,(3).Barr. Afebu Aigbonoga, Etsako West Constituency II,(4). Jimmy Osagiede Esq., Egor Constituency,(5).Nosa Victor Omoregie, OviaNorth East Constituency I,(6).Ibizugbe Stephen Osayomwanbor, Ovia North East Constituency II,(7).Veadams Ezekiel Ighodaro, UhunmwodeConstituency,(8).Eghosa Asemota Agbonifo, Oredo West Constiyuency II,and (9).Godwin Adenomo, Ovia South West(hereinafter referred to as ‘our Client’) and on whose definite instructions and behalf we write.

BRIEF FACTS NECESSITATING THIS LETTER.

We have the understanding that our Client were nominated as the Candidates of their political party, Peoples Democratic Party (PDP) in their various Constituencies to Contest for their Constituency’s seats in the Edo State House of Assembly in the Election held on the 9thday of March, 2019. Consequent upon that, the Candidates of the All Progressive Party (APC) with respect of the above stated constituencies were declared winners of the election, certificates of returns were issued to them by your Commission in order for them to be qualified to be inaugurated as members of the 7thEdo State House of Assembly.

We further have the understanding that, as expected, the Edo State Governor,Mr. Godwin Nogheghase Obasekiissued a Proclamation in line with the provision ofSection 105 (3)of the Constitution of the Federal Republic of Nigeria 1999 (as amended) on the14thday of June, 2019and the date of the inauguration was given therein as17thday of June, 2019and all Members-elects were dully notified of the development by the Clark of the Edo State House of Assembly. The Certified True Copy of the said Proclamation is hereto attached asannexure “A”for your ease of reference.

We further have the understanding that pursuant to the Proclamation issued by the Governor, the Edo State House of Assembly was inaugurated on the 17thday of June, 2019 with Nine (9) Members-elect presented themselves for inauguration and subscribed to their Oath of Membership/Allegiance. The members are:

S/No.NAMESCONTITUENCY
1.ALUBHOSELE, EphraimIgueben
2.ASORO, Osadebamwen RolandOrhionmwon II
3.EKHOSUEHI, UyiosasereOredo East
4.IDIAYE, Yekini OisayemojeAkoko Edo I
5.OKAKA, EricOwan East
6.OKHUAROBO, HenryIkpoba Okha
7.OKIYE, Francis AbumereEsan North East I
8.OKUNBOR, NosayabaOrhionmwon I
9.ONOBUN, Marcus IziegbeayaEsan West

It is pertinent to state thatMr. OKIYE, Francis Abunereemerged as the Speaker of the House of Assembly whileIDIAYE, Yekini Oisayemojealso emerged the Deputy Speaker. The other Fifteen (15) Members-elect as declared by your commission were absent from the inauguration ceremony on the said date without any justification/excuse whatsoever. The Certified True Copies of the Votes and Proceedings of the Edo State House of Assembly of 17thJune, 2019 is hereto attached asAnnexure “B”for your ease of reference.

We further have the understanding that on the24thday of June, 2019,OJIEZELE, Osezua,Esan South East andOKODUWA, Emma Ewah,EsanNorth East II while on the3rdday of July, 2019 AGBAJE, Emmanuel Omoladun,Akoko Edo II presented themselves for inauguration and Oath of Membership/Allegiance was accordingly administered to them. Putting the numbers of Members-elect who refused/neglected to be inaugurated or subscribe to Oath of Membership/Allegiance at Twelve (12). The Certified True Copies of the Votes and Proceedings of the Edo State House of Assembly of 24thJune, 2019 and 3rdJuly, 2019 are hereto attached asAnnexure “B1” and “B2”respectively foryour ease of reference.

THE JUDGMENT OF THE FEDERAL HIGH COURT ON THE PROPRIETY OR OTHERWISE OF THE ISSUANCE OF SECOND PROCLAMATION LETTER

We further have the understanding that an action was instituted in the Federal High Court of Nigeria, Port Harcourt Judicial Division, suit No. FCH/PH/CS/159/19 byHon. Yekini O. Idiaye (Deputy Speaker, Edo State House of Assembly)andHenry Okhuarobo (Member, representing Ikpoba Okha Constituency)via an originating summons filed on the25thday of July, 2019.

We further have the understanding that argument was taken on the issues raise in the said suit and judgment was delivered in favour of the Plaintiffs on the12thday of September, 2019byHis Lordship, Hon. Justice J.K. Omotosho,wherein the court held amongst others, that the Proclamation issued by the 6thDefendant (the Governor of Edo State) on the 14thday of June, 2019 is valid and remain so until its expiration. The Certified True Copy of the said Judgment is hereto attached asannexure “C”for your ease of reference

It is pertinent to mention that ever since the above referred judgment was delivered, it has not be appealed against by any of the Defendants or any other interested party in the matter.

THE SPEAKER’S DECLARATION OF TWO SEATS AND TEN CONSTITUENCIES VACANT

We are of the belief that notice of the votes and proceeding of the Edo State House of Assembly sitting of4thDecember, 2019have been communicated to you. However, for the purpose of emphasis may we humbly restates that theSpeaker of the Edo State House of Assembly,in exercise of the power confirmed on him by the provisions of Section 109 (2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) declared two (2) seats ofMembers who took the Oath of Membership/Allegianceand later abdicated their seat without any lawful and justifiable cause vacant.

In the same vein, he also declared that, Twelve (12) Constituency seats are vacant as members-elect haverefused/neglectedto present themselves for inauguration and the subscription of Oath of Membership/Allegiance, the House having sat for the First Session and First Quarters without them and call for a bye election in the affected Constituencies. In the circumstance, the only inference that can be drawn from their action/inaction in this regard is that they have abdicated their mandatesWITHOUT JUST CAUSE.

The declared Twelve (12) vacant constituencies are:

1. Etsako West Constituency I
2. Esan Central Constituency
3. Etsako West Constituency II
4. Egor Constituency
5. Ovia North East Constituency I
6 Ovia North East Constituency II
7. Uhunmwode Constituency
8. Oredo West Constiyuency II
9. Etsako East Constituency
10. Etsako Central Constituency
11. Ovia South West
12 Owan West

OUR CLENTS’ STAND ON THE CONSTITUENCIES THAT HAVE BEENDECLARED VACANT AND THEIR DEMAND

We have the authority of our Clients to communicate their stand/demand on the issues with respect to the constituencies that have been declared vacant by the Speaker, Edo State House of Assembly as follows:

  1. That the refusal/neglect by members-elect to subscribe to the Oath of Membership/Allegiance with respect to the affected constituencies throughout the First Session and First Quarters of the 7thAssembly of Edo State amounts to abdication of office.
  2. That the appropriate thing the commission should do in the circumstance is to withdraw the affected members’ certificate of return having failed/neglected to seat in the House they were electedand their constituency having been declared vacant by the Speaker in exercise of his power as vested by the Constitution of the Federal Republic of Nigeria 1999 (as amended) by which act, the affected members-elect can no longer be inaugurated.
  3. That sequel to the declaration of the affected Constituencies vacant by the Speaker of the Edo State House of Assembly, your commission should not in the interest of Justice and Equity, conduct any fresh elections into the affected constituencies as the affected Members-electdid not subscribed to the Oath of Membership/Allegianceand abdicated their responsibilities. As such, state resources should not be wasted in conducting fresh Elections where there are 1stRunners up in the concluded elections.
  4. That certificate of return should be issued to our Clients as the 1stRunner up in their various Constituencies, since the members-elect who abdicated their position did not subscribe to the Oath of Membership/Allegiance before their Constituencies were declared vacant by the Speaker in the interest of Justice and Equity.
  5. That we most humbly implore you to liken this case to that of MusaYar’adua and Goodluck Jonathan.Since there is a lacuna in the Constitution, as to what is to be resorted to, when a person having been declared a winner in an election butfailed/neglected to subscribe to the Oath of Membership/Allegianceand consequence upon which, his seat/constituency declared vacant by the Speaker, theDoctrine of Necessity should be invoked to issue certificate of return to the 1stRunner up in the election in order to save their constituencies from undue suffering and neglect having performed their civic responsibility of voting only to be denied the dividend of democracy.
  6. We are by this letter demanding/requesting you and your Commission (INEC), to use your good offices to issue to our Clients, Certificate of Return within the next 7 days of the receipt of this letter.

N.B:That failure to accede to request in the interest of Justice and Equity as clearly communicated by this letter within the time limited above, we shall be left with no other option than to carry-out the full instructions of our Clients by instituting an action in court of law.

We look forward to hearing from you within the next 7 days.

Be assured of our office best regards always

Yours faithfully,

Chikaodinaka Adindu Esq.

Cc:

  1. The Resident Electoral Commissioner

Independent National Electoral Commission
Ikpoba Hill, By Ramat Park
Benin City
Edo State.

  1. The National Chairman

Peoples Democratic Party
Plot1970,MichealOkparaStreet
WadataPlaza
Wuse Zone 5,
F.C.T, Abuja

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