By DAYO JOHNSON
AKURE—The Federal High Court sitting in Akure, yesterday, sacked a National Assembly member representing Akure South and North in the Federal House of Representatives, Mr. Ifedayo Abegunde for defecting from the Labour Party, LP, for the opposition Action Congress of Nigeria, ACN.

Abegunde, who is a governorship aspirant of ACN in the state, was subsequently asked to vacant his seat at the House of Representatives.

Delivering judgment, Justice Grace Okeke hinged her decision on the fact that there was no division within the ruling LP before the lawmaker decamped from it to ACN.

Abegunde, who is a two- term member of the House of Representative, had early this year, dumped the ruling LP, the platform on which he got elected to the National Assembly for the rival ACN, alleging that there was crisis within LP.

His approach of the court was to halt his recalled by LP, following a motion at the state House of Assembly calling for his recall and the declaration of his seat vacant.

Abegunde, through his lawyer, Mr. Kola Olawoye, ran to the court, seeking for its protection from being recalled, arguing that by the provisions of Section 68(1) (g) of the 1999 Constitution and the imbroglio, division and fractionalisation in LP, he was entitled to dump the party.

But, the defence counsel and the Attorney-General and Commissioner for Justice, Mr. Eyitayo Jegede, SAN, leading the Director of Civil Litigation, Mr. Rotimi Olamide, submitted that since Abegunde had dumped LP and had not proved any division within the party, he had automatically vacated his seat as a federal lawmaker.

In her judgment, Justice Gloria Okeke said without a political party, no candidate could  contest an election since there was no provision for independent candidacy in Nigerian elections.

She cited a Supreme Court decision in Amaechi vs INEC (2008) 5 NWLR Pt. 1080, adding that, “if it is only a party that canvasses for votes, it follows that it is a party that wins an election. A good or bad candidate may enhance or diminish the prospect of his party in winning, but at the end of the day it is the party that wins or loses an election.”

Okeke held further that Abegunde could not prove the alleged division and crisis in LP by the virtue of the letter signed by the State Resident Electoral Commissioner, Mr. Akin Orebiyi, that “we are not aware of any crisis or issue concerning dispute in LP.”

Jegede, Mimiko hail judgment

While Jegede hailed the judgment as a landmark in Nigerian legal history, the plaintiff’s counsel, Olawoye, said it was unacceptable and that his client would appeal against it.

Reacting, Governor Olusegun Mimiko described the judgment as a victory for the masses of the state that voted enmasse for the victory of LP at the polls.

The governor, who said this while addressing party supporters in Akure, said: “I want to assure you that nobody can fight God and win. Labour Party is God’s own party. Inasmuch as we are working day and night to see that the living standard of our people improves, there is nothing anybody can do to us. We are not going to look back.”

He charged them to continue to maintain peace which the party is known for and be vigilant and look out  for strange faces around them, warning that anyone attempting to cause trouble in the state would be dealt with according to the law.

Mimiko said: “I want to appeal to you to be very vigilant. Some people will surely come to influence you with money. You have to be very watchful of strangers in your midst. With God on our side, Labour Party will surely succeed.”

Mimiko expressed happiness over the large turn-out of the people in support of the party, noting that LP stands for truth and justice, stressing that no amount of propaganda would deter his administration from fulfilling its promises to the people.