Court Sacks Delta Lawmaker, Orders him to Refund Salaries within 90 Days
Symbol of Justice
Tobi Soniyi in Abuja
The Supreme Court on Frday in Abuja removed a member of the Delta State House of Assembly representing Ughelli North Constituency II, Mr. Edoja Akpodiete.
The apex court, in a unanimous judgment, ordered him to, within 90
days, refund to the state coffers all the salaries and allowances he had
collected since 2011 when he wrongly assumed the seat.
In the lead judgment delivered and read by Justice Walter Onnoghen, the apex court ordered Mr. Jenkins Gwede of the Democratic Peoples Party to take over the seat from Akpodiete.
The court held that the Independent National Electoral Commission had
wrongfully issued the certificate of return to Akpodiete even when it
was aware that he had ceased to be the sponsored candidate of the DPP
more than 45 days before the state's House of Assembly election held on
April 26, 2011.
The apex court described INEC’s action in the case as “worrisome” and
therefore awarded a total cost of N650, 000 each against the commission
and Akpodiete.
The court affirmed the documents tendered by Gwede’s lawyer, Mr. Ikhide
Ehighelua, showing 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 the N2m he paid for nomination form back
to him.
Justice Onnoghen held that the INEC had by its action, “foisted on the
electorate of Ughelli 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.”
The court consequently 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 Ughelli 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 Ughelli North Constituency II, within
90 days of this order.”
A Federal High Court in Asaba had dismissed Gwede’s case in a judgment
delivered on June 27, 2012 for lack of jurisdiction to entertain the
matter because it was election related.
Through his lawyer, Mr. Ikhide Ehighelua, Gwede had appealed to the
Court of Appeal in Benin which in its judgment delivered on May 22, 2013
resolved the issues raised. In his favour but refused to make any
consequential order.
He had also cross-appealed the judgment of the Court of Appeal urging
the Supreme Court to make an order returning him as the duly elected
candidate to represent the Ughelli North Constituency II.
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