By Ikechukwu Nnochiri
The Supreme Court, yesterday, sacked a member of the Delta State House of Assembly representing Ughelli North Constituency II, Mr. Edoja Akpodiete, saying he should within 90 days, refund all the salaries and allowances he had collected since 2011.

The court specifically directed that the funds should be remitted back into the coffers of the state, in view of the fact that Akpodiete occupied the seat illegall.

Besides, the apex court, in an unanimous judgment by a 5-man panel of Justices, declared one Mr. Jenkins Gwede of the Democratic Peoples Party, DPP, as the legitimate person to occupy that legislative seat.

The lead judgment was prepared and delivered by Justice Walter Onnoghen.

It was the verdict of the court that the Independent National Electoral Commission, INEC, wrongfully issued the certificate of return to Akpodiete despite being aware that he had ceased to be the sponsored candidate of the DPP more than 45 days before the state House of Assembly election was held on April 26, 2011.

Justice Onnoghen described the total conduct of INEC in the matter as “highly worrisome”, just as it awarded a cost of  N650,000 against both INEC  and Akpodiete .

Justice Onnoghen held that the INEC had by its action “foisted on the electorate of Ugelli North Constituency II of Delta State House of Assembly a pretender to the seat who not only withdrew from the election in writing but collected the deposit he paid to the 4th respondent (DPP) for the said election.”

It therefore ordered that, “The 1st respondent (INEC)is hereby ordered to issue the said appellant with a certificate of return in respect of the said House of Assembly election held on April 26, 2011.

“The 2nd respondent, Edoja Rufus Akpodiete, is hereby ordered to vacate the seat of Ugelli North Constituency II in the Delta State House of Assembly forthwith.

“It is further ordered that the said 2nd respondent, Edoja Rufus Akpodiete, refunds to the coffers of the Delta State House of Assembly all monies/sums of money he collected by way of salary, allowances whatsoever and however described since he took his seat in the said House of Assembly under the pretext of being the duly elected candidate of the 4th respondent representing Ugelli North Constituency II, within 90 days of this order.

The court went ahead and affirmed  documents that were tendered before it by Gwede’s counsel, Mr. Ikhide Ehighelua, which showed that the DPP had notified INEC of its choice of Gwede as its candidate after Akpodiete formally withdrew from the election and the party returned back to him the N2m he paid for the nomination form.

The Asaba Division of the Federal High Court had in a judgment on July 27, 2012, dismissed Gwede’s case for want of jurisdiction to entertain the matter, saying it was election related.

Dissatisfied, Gwede took the case before the Court of Appeal in Benin which in its own judgment delivered on May 22, 2013 resolved the issues in his favour but refused to make any consequential order.

Determined to secure justice, Gwede filed a cross-appeal before the Supreme Court wherein he sought for an order returning him as the duly elected candidate to represent the Ugelli North Constituency II, a prayer that was granted by the apex court yesterday.