By Ola ‘Kiya, Reporting
THE Federal High Court sitting in Abuja, on Tuesday, sacked 17 members of the Ebonyi State House of Assembly who defected from the Peoples Democratic Party (PDP) to the ruling All Progressive Congress (APC).
Stonix News had earlier reported that the governor and deputy governor of the state were also sacked by the high court over the same constitutional infractions.
It will be recalled that the lawmakers, had on November 17, 2020, joined the Governor David Umahi and his Deputy, Dr. Eric Kelechi Igwe, to move over to the APC.
The court, in a judgement that was delivered by Justice Inyang Ekwo, held that the lawmakers, having abandoned the political party that sponsored them, could not transfer the mandate they obtained from the ballot, to another political party.
It held that the Defendants, who became members of House of Assembly on the platform of the PDP, could not justify their defection when there was no division in the PDP.
It held that Section 109 (1) (g) of the 1999 Constitution was purposely couched to ensure that defectors were not allowed to retain their seat in the House, unless such defectors are able to justify their action.
The court held that the case PDP brought against them succeeded.
Consequently, it ordered the lawmakers to immediately vacate their positions, even as it restrained them from further parading themselves or acting as members of the Ebonyi State House of Assembly.
The court also made an order of mandatory injunction compelling the Independent National Electoral Commission (INEC) to accept from the PDP, a list of its candidates to replace the sacked lawmakers, as well as to issue Certificate of Return to them.
In the alternative, the court directed INEC to, within 90 days, conduct fresh elections in Ebonyi State to fill up the vacant positions.
It further ordered all the lawmakers to refund all salaries and monies they received from the period they defected to the APC
