By Ikechukwu Nnochiri

The Federal High Court sitting in Abuja, has deferred its judgement on the suit by the Peoples Democratic Party, PDP, filed to declare the seat of governor Ben Ayade of Cross River State and his Deputy, Ivara Esu, vacant, following their defection to the ruling All Progressive Congress, APC, till April 6.

The judgement was earlier fixed for today (Friday) by Justice Taiwo Taiwo. However, though the court did not adduce any reason why it postponed the vedict, it, however, notified the parties about the new date through the cause list.

The PDP is in its suit marked FHC/ABJ/CS/975/2021, praying the court to sack both Ayade and his deputy, contending that the duo, having abandoned the political party that sponsored their re-election, ought to vacate their respective offices.

It is among other things, seeking; “A declaration that in view of the provisions of section 221 of the Constitution of the federal republic of Nigeria, 1999 (as amended) and the democratic system of governance operated in Nigeria, votes at the election and elections are won by political parties and not their candidate or the candidates sponsored at the election by the political parties”.

It is praying the court to order the Independent National Electoral Commission, INEC, to immediately, “receive from the plaintiff (PDP), the name of its candidates to replace the 3rd and 4th defendants (Ayade and Esu) for the purpose of utilising the lawful votes cast in favour of the plaintiff or in the alternative directing the 1st defendant to hold a gubernatorial election for Cross River State in accordance with Section 177 of the Constitution excluding the 3rd and 4th defendants who are disqualified from participating in the election by virtue of Section 192 (1) (b) of the Constitution) arising from abandonment of the majority lawful votes and the offices occasioned by the action of the 3rd and 4th defendants by reason of their becoming members of the 2nd defendant who did not win majority of the lawful votes cast at the election”.

Aside from Ayade and his deputy, the INEC and APC were also cited as Defendants in the matter.

It will be recalled that Justice Taiwo had in a judgement he delivered last Monday, sacked two federal lawmakers and 18 members of the Cross River State House of Assembly, following their defection from the PDP to the APC.

The two members of the House of Representative the court ordered to vacate their seats, were; Hon. Michael Etaba (representing Obubra/Etung Federal Constituency) and Rt. Hon. Legor Idagbor (representing Obudu/Obaliku/Bekwara Federal Constituency).

While the 18 members of the Cross River State House of Assembly the court sacked on Monday, were; Rt. Hon. Eteng Jonah William, Rt. Hon. Joseph Bassey, Rt. Hon. Okey Peter Agbe, Rt. Hon. Okon Ephraim, Rt. Hon. Regina Anyogo, Rt. Hon. Mathew Olory, Rt. Hon. Expo Ekpo Bassey, Rt. Hon. Ogbor Ogbor Udop, Rt. Hon. Ekpe Charles Okon, Rt. Hon. Hillary Ekpang Bisong, Hon. Francis Asuquo, Hon. Elvert Ayambem, Hon. Davis Etta, Hon. Sunday Achunekan, Hon. Cynthia Nkasi, Hon. Edward Ejang, Hon. Chris Nja-Mbu Ogar, and Hon. Maria Akwaji.

• READ ALSO: Defection: Ayade to know fate Friday

Their sack followed a suit marked FHC/ABJ/CS/975/2021, which was filed by the PDP.

The court held that the Defendants, having decamped from the political party that sponsored their election before the expiration of the period for which they were elected, “have by virtue of the provisions of section 68(1) (g) and section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) respectively, vacated their seats and are not entitled to continue to occupy the various seats or offices into which they were elected”.

It issued an order, restraining the Defendants from further parading themselves as House of Reps members or members of the Cross To State House of Assembly.

More so, the court, granted an order of injunction restraining the Independent National Electoral Commission, INEC, Speaker of the House of Reps, as well as Clerks of both the National Assembly and the Cross River State House of Assembly, by themselves or by their servants, agents or privies, from according recognition to the sacked lawmakers, or in any manner, accept or relate with them as House of Reps members or members of the State Assembly.

It equally made an order of mandatory injunction compelling INEC to accept from the PDP, the list of its candidates for the purpose of filling the vacancy created by the exit of the lawmakers.

PDP had in an affidavit it filed before the court, averred that it sponsored and canvassed for votes that led to the victory of the Defendants in the House of Reps and Cross River State House of Assembly elections that held on February 23 and March 9, 2019, respectively.

It told the court that following the death of the member that hitherto represented Obudu state constituency, a bye-election was held on December 5, 2020, where the 25th Defendant (Hon. Akwaji) was also elected on its platform.

“That the period for which the House of Representatives, of which the 6th and 7th Defendants became members as a result of the sponsorship and election of the Plaintiff, is for a period of four years beginning from 11th June 2019 and ending on 10th June 2019″, it averred.

Besides, PDP, maintained that INEC was “liable to accept the list of candidates nominated by the Plaintiff to replace them or in the alternative, to conduct election to fill the vacancies”.