A
Federal High Court in Abuja on Thursday ordered the Peoples Democratic
Party member of the House of Representatives representing Onitsha
North/South Federal Constituency of Anambra State, Godwin Idu, to vacate
his seat.
Justice Adeniyi Ademola also cancelled the
certificate of return which the Independent National Electoral
Commission earlier issued to him as the winner of the March 28, 2015
election for the Onitsha North/South Federal Constituency seat in the
House of Representatives.
The judge, who was
delivering judgment in a suit challenging the submission of Idu’s name
to the INEC as the candidate of the PDP for the election, ordered that
the plaintiff in the suit, Lynda Chuba-Ikpeazu, should be sworn in Idu’s
stead.
Chuba-Ikpeazu, had filed the suit which predated the
March 28, 2015 election, on March 18, 2015, to challenge the
substitution of her name earlier submitted to INEC as the winner of the
PDP’s primary, with that of Idu.
The PDP, INEC, the National
Working Committee of the PDP and Idu were the defendants in the suit.
But INEC did not file any defence in the suit filed through the
plaintiff’s counsel, Onyechi Ikpeazu (SAN).
The judge, as part
of the ancillary orders in his judgment ,directed INEC to issue fresh
certificate of return to Chuba-Ikpeazu.
He ordered the Speaker and the Clerk of the National Assembly to swear in Chuba-Ikpeazu as replacement for Idu immediately.
The
judge in granting all the prayers sought by the plaintiff held that the
substitution of her name with that of Idu violated the provisions of
sections 31(2)(j) and 50 of the PDP constitution; sections 31(1)(2) and
33 of the Electoral Act, 2010 (as amended); section 222(c)of the
Constitution of the Federal Republic of Nigeria and Article 25 (xii) of
the Electoral Guidelines for Primary Elections, 2014 of the PDP.
Credit: Ade Adesomoju/Punch
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