A Federal High Court in Abuja, Nigeria has ordered the former Speaker, Nigeria’s House of Representatives, Mr. Yakubu Dogara to vacate his seat as member representing Dass, Tafawa Balewa and Bogoro Federal Constituency of Bauchi State North East Nigeria.
Justice Donatus Okorowo, in a judgment, declared that having defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), Dogara was no longer qualified to occupy the seat by virtue of section 68(1)(g) of the constitution which states that, ‘a member shall vacate his seat if he decamps from a political party that sponsored him’.
Justice Okorowo aligned with the Plaintiff, the Peoples Democratic Party, PDP that by defecting from the party that sponsored him to the ninth National Assembly before the expiration of his tenure, Dogara ought to vacate the seat as he was no longer qualified to partake in the activities of the lower house.
The judge, who held that the action of the lawmaker is prohibited by law, agreed that the aim of section 68(1)(g) was to check political prostitution among the legislators.
“The judgment is therefore given in favour of the plaintiffs. I hereby grant the reliefs sought by the plaintiffs,” Justice Okorowo declared.
PDP and one of its members in Bauchi State had, in a suit marked: FHC/ABJ/CS/1060/20, sued Dogara, the speaker of the House of Representatives, the Attorney General of the Federation (AGF), Independent National Electoral Commission (INEC) and the APC as 1st to 4th defendants respectively.
Justice Okorowo had, earlier in another judgment, dismissed the suit marked: FHC/ABJ/CS/883/30 and filed by Incorporated Trustees of United Global Resources for Peace Organisation against Dogara and five others on the grounds that the group lacked locus standi to institute the matter.
Judgments, in the two separate suits filed against Dogara, were stalled due to the FHC’s Easter vacation which began on April 8 and will end April 25.
The PDP and the group had asked the court to remove the former speaker of the lower House as member representing Dass, Tafawa Balewa and Bogoro Federal Constituency of Bauchi State, over his defection to APC.
Dogara’s defection
Dogara had, on July 24, 2020, defected from the PDP to the APC when he submitted a resignation letter to the chairman of the Bogoro ‘C’ Ward in the state.
The plaintiff, through their counsel, Jubrin Jubrin, said by virtue of section 68(1)(g) of the Constitution, Dogara by defecting from the party that sponsored him to the ninth National Assembly before the expiration of his tenure, ought to vacate the seat as he was no longer qualified to partake in the activities of the lower house.
It will be recalled that Justice Taiwo Taiwo of the same court had on March 21, ordered 20 lawmakers from Cross River to vacate their seats following their defection from the PDP to APC.
Emmanuel Ukoh
