The Federal High Court, Abuja on Monday sacked no less than 20 members of the Cross River State House of Assembly including the Speaker of the State House of Assembly, Eteng Williams over their defection from the Peoples Democratic Party to the All Progressives Congress (APC).
In a suit marked FHC/ABJ/CS/975/2021 and filed by the PDP, the court held that the lawmakers needed to vacate their seats since they defected to another party.
In the judgement delivered by Justice Taiwo Taiwo, the judge ruled that since the lawmakers had abandoned the party which brought them to power, they can not remain on the seats that were handed in by the party’s votes.
Justice Taiwo dismissed all the preliminary objections raised by the sacked lawmakers, noting that politicians treat citizens who elected them into power as if they do not matter when they assume office.
According to the judge, “A day must surely come when elected officials, must ask the people who voted for them before defecting to other political parties.”
He maintained that the “lawmakers wined and dined under the umbrella of the PDP,” but abandoned the party even when there was no justification for their action.
However, counsel to the defendants, Chief Mike Ozekhome, had challenged the court’s jurisdiction to hear the suit on the grounds that the cause of action arose in Calabar and that the matter should be transferred to the high court in Calabar.
Justice Taiwo held that “there is nothing against the law that the suit be heard by this court.”
He said the fourth to 25th defendants are joined with other defendants who have their offices in Abuja.
“Where there are more than one defendants, the suit can be established anywhere subject to the discretion of the court.
“I find no merit in the application for transfer,” Justice Taiwo ruled.
The affected lawmakers vowed to challenge the judgment at the Court of Appeal.
The affected lawmakers include Michael Etaba, Legor Idagbor, Eteng Jonah William, Joseph A. Bassey, Odey Peter Agbe, Okon E. Ephraim, Regina L. Anyogo, Matthew S. Olory, Ekpo Ekpo Bassey, Ogbor Ogbor Udop and Ekpe Charles Okon.
Others are Hillary Ekpang Bisong, Francis B. Asuquo, Elvert Ayambem, Davis Etta, Sunday U. Achunekan, Cynthia Nkasi, Edward Ajang, Chris Nja-Mbu Ogar and Maria Akwaji.
Also joined as defendants in the suit are the Independent National Electoral Commission (INEC), Speaker of the House of Representatives, National Assembly, Clerk of the National Assembly, Cross River State House of Assembly, Clerk of the state House of Assembly and the APC.
Meanwhile, lauding the judgment, the Cross River PDP chairman, Venatius Ikem, said: “It was a heart-warming judgement and a victory for Cross Riverians who voted for PDP in 2019 general election. We commend the judiciary for protecting democracy.
“We shall quickly take all judicial steps to ensure the affected lawmakers vacate their seats accordingly because it is very clear that they are gone.”
Governor Ben Ayade; his deputy, Prof Ivara Esu, some members of his cabinet and the 20 lawmakers had on May 20, 2021, defected to the APC.
