Supreme Court sacks, replaces House of Reps member from Anambra

A House of Representatives member representing Orumba North/South, Anambra Federal Constituency, Sopuluchukwu Ezeonwuka, has been sacked and ordered to be replaced by the Supreme Court.

The Peoples Democratic Party (PDP) member was removed on Friday following a ruling read by Justice Kudirat Kekere-Ekun on an appeal filed by Chief Ben-Nwankwo against Ezeonwuka’s election.

Nwankwo, also a member of PDP, had gone to court with claims that his name was wrongly substituted with the first respondent (Ezeonwuka) after he had obtained the nomination of the party to contest the National Assembly election.

An earlier ruling of the Federal High Court in Abuja on February 20, 2015, upheld the election of Ezeonwuka.

But unhappy with that ruling, Nwankwo opted for the apex court.

Ruling on the matter, Justice Kekere-Ekun said, “Having resolved the key issues in favour of the appellant, the appeal succeeds and it is hereby allowed.

“The judgment of the Court of Appeal delivered on June 26, 2016, is hereby set aside for being a nullity having exceeded its jurisdiction by granting relief not sought by the parties before it.

“This follows that the judgment of the Federal High Court, Abuja, delivered on Feb.20, 2015 was delivered without jurisdiction and it’s a nullity. It is equally set aside.

“The Originating Summons filed on Dec.15, 2014 in FHC/Abj/CS/1013/2014 is hereby struck out.’’

Read also: To escape impeachment, Anambra Assembly Speaker vanishes with mace

She further said, “The consequence of the above order is that the parties shall revert to the status quo ante. The existing position before the first respondent (Ezeonwuka) filed a suit at the trial court was that not only was the appellant’s name submitted to INEC for the March 28, 2015, election, he won the election.

“It was at the point of being issued the Certificate of Return that he was confronted by a letter conveying the order of the trial court stopping that action.

“In the circumstances, it is hereby ordered that the appellant, Chief Ben Nwankwo, being the candidate duly sponsored by the PDP in that election is entitled to be issued with the certificate of return.

“The second respondent is hereby ordered to issue Chief Nwankwo a certificate of return in respect of the National Assembly election held March 28, 2015, forthwith.”

 

 

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