NewsSupreme Court Sacks Federal Legislator From Anambra

Supreme Court Sacks Federal Legislator From Anambra

BEVERLY HILLS, April 07, (THEWILL) – The Supreme Court has sacked Sopuluchukwu Ezeonwuka of the Peoples Democratic Party (PDP), representing Orumba North/South Federal Constituency of Anambra State in the House of Representatives.

A five-man panel of the apex court in a unanimous judgment on Friday held that Ezeonwuka was not the winner of the party’s primary held before the last National Assembly election in his constituency.

Justice Kudirat Kekere-Ekun, who read the lead judgment, ordered that Ezeonwuka be replaced by Ben Nwanwko, who won the primary election, declaring that Nwankwo’s name was wrongly substituted with the first respondent (Ezeonwuka) after he (Nwankwo) had obtained the nomination of the party to contest the National Assembly election.

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“In conclusion, having resolved the key issues in favour of the appellant, the appeal succeeds and it is hereby allowed,” Justice Kekere-Ekun declared.

“The judgment of the court of appeal delivered on June 26, 2016 is hereby set aside for being a nullity, the court 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 December 15, 2014 in FHC/ABJ/CS/1013/2014 is hereby struck out

“The consequence of the above order is that the parties shall reverse to the statusco 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.”

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