By Ikechukwu Nnochiri, Abuja
The Abuja Division of the Court of Appeal, yesterday, sacked Mr. Eseme Eyibo as lawmaker representing Eket Federal Constituency of Akwa Ibom state in the House of Representatives.
The court in a judgment it delivered yesterday, ordered the leadership of the lower chamber to forthwith swear-in the declared winner of the constituency, Mr. Dan Bassey Abia as the authentic candidate of the Peoples Democratic Party, PDP, for the election.
In the unanimous judgment read by Justice Ayo Bada, the appellate court, maintained that “the primary election of the PDP held on the 7th and 8th January through which Dan Bassey Abia emerged as the party’s candidate for the April elections is hereby upheld as it was the primary that was monitored by the Independent National Electoral Commission, INEC and annexed in the suit.”
According to the court, “The trial judge erred by saying that the name of Abia be removed and replaced with that of Eyibo. The party primary is the exclusive right of a political party as the party determines who its candidate in an election should. The said primary through which Eyibo purportedly emerged, there was nothing before the court to show that it was either monitored by the party or INEC.”
The court maintained that the way the respondent was sworn into office amounted to “sneaking into the National Assembly illegally”, saying he should vacate the office immediately.
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