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Court Sacks Dogara Over Deflection To APC

Published

3 years ago

Apr 23, 2022.

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Court sacks Dogara after deflection to the APC
The Plaintiffs specifically asked the court to declare Dogara no longer a member of the National Assembly

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EKO HOT BLOG reports that the Federal High Court in Abuja ruled the seat of former Speaker of the House of Representatives, Hon. Yakubu Dogara, vacant on Friday, following his defection from the Peoples Democratic Party, PDP, to the ruling All Progressives Congress, APC.

In a ruling given by Justice Donatus Okorowo, the court ruled that Dogara, having abandoned the political party that sponsored his election, should vacate his seat in accordance with sections 68(1) (g) and 109(1) (g) of the 1999 Constitution, as amended.

His sack followed a suit marked FHC/ABJ/CS/1060/2020, which was lodged before the court by the PDP.

It will be recalled that Dogara was in 2019, re-elected on the platform of the PDP to represent Dass, Tafawa Balewa and Bogoro Federal Constituency of Bauchi State at the National Assembly.

He, however, defected to the APC on July 24, 2020, after he submitted a resignation letter to the PDP Chairman of Bogoro ‘C’ Ward in the state.

Displeased with his actions, the PDP and its Bauchi State Chairman, Hamza Akuyam, petitioned the court to declare his seat void through a team of attorneys led by Chief Chris Uche, SAN.

The Plaintiffs argued, among other things, that Dogara should forfeit his position under section 68(1)(g) of the 1999 Constitution, as amended since he abandoned the party that had sponsored him to the 9th National Assembly before the conclusion of his term.

In a supporting affidavit that was deposed to by the 2nd Plaintiff, Akuyam, he told the court that there was no crisis or division in the PDP, the political platform through which Dogara was elected as a serving member of the National Assembly in the last general election.

He further told the court that there were no mergers or internal crises in the PDP to justify Dogara’s action.

According to the Plaintiffs, having defected from the PDP before the expiration of his tenure, Dogara, “has lost his seat/office as a member of the House of Representatives and is no longer entitled to participate in the legislative proceedings and other businesses of the National Assembly and/or entitled to salaries and allowances as a member of the National Assembly”.

The Plaintiffs further claimed that, given the facts and circumstances of the case, Speaker of the House of Representatives, Femi Gbajabiamila, is required by law to proclaim Dogara’s seat vacant and allow the Independent National Electoral Commission, INEC, to hold a by-election to replace him.

The Plaintiffs specifically asked the court to declare Dogara no longer a member of the National Assembly as of the date he defected to the APC.

Also, an order ordering the Speaker of the House of Representatives to give effect to section 68(1) of the 1999 Constitution, as amended, and to proclaim Dogara’s seat vacant as soon as possible so that INEC can hold a by-election to replace him.

FURTHER READING

Other defendants in the complaint were the Speaker of the House of Representatives, the Attorney General of the Federation (AGF), INEC, and the All Progressives Congress (APC).

Regardless of the fact that both Dogara and the APC urged the court to dismiss the case due to a lack of competence, Justice Okorowo dismissed their objections and granted all of the Plaintiffs’ requests.

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