Federal Court of Appeal sitting in Akure, the Ondo state capital on Monday declared the seat of a member of House of Representatives, Hon Ifedayo Abegunde representing Akure South/North Federal Constituency vacant following his defection from Labour Party (LP) to the Action Congress of Nigeria (ACN) which merged into the All Progressive Congress (APC).
The Appellate court hinged its decision on the violation of the provision of the section 68 (1) (g) of the1999 constitution by the lawmakers when there was no division in the party through which he secured the National Assembly seat.
The five-man panel of the appellate court presided over by Justice A. G Mshelia said the failure of the litigant to adhere to the constitutional process of defecting from one party to another negate the constitution and should therefore vacate the seat.
Abegunde popularly known as Abena had defected from the ruling LP to the ACN few months after he was elected into the Green Chamber over what he called division within the ruling party in the state.
In order to prevent his recall from the green chamber, Abegunde through his lawyer, Yemi Osibajo (SAN) sought the protection of the Federal High Court. He asked the court to pronounce that the division within the LP facilitated his defection to the APC.
In his originating summons, he sought the determination of whether or not in view of the provisions of section 68(1) (g) of the 1999 constitution of the federal republic of Nigeria as amended, he is not entitled to dump the LP to another party especially when there is division within his former party.
However, the State Attorney General and Commissioner for Justice, Eyitayo Jegede (SAN) filed a counter-claim saying among others that he should automatically vacate the seat having left the LP that sponsored him into the National Assembly.
The trial court presided by Justice C. Okeke in his ruling in 2012 upheld the position of the state Attorney General that the lawmaker should vacate his seat having defected from the party that sponsored him to the National Assembly.
Dissatisfied with the decision of the trial court, Abegunde asked the appellate court to upturn the judgement of the lower court and pronounce a division within the LP.
After the exchange of briefs and written addresses by the plaintiff and defendants, the appeal court dismissed the appeal filed by the lawmaker and upheld the decision of the lower court.
Aside from setting aside the written address of the lawmaker, the presiding judge said the appellant had violated section 68 (1) (g) of the 1999 constitution and should therefore vacate his seat.
But in his reaction, Abegunde said he would seek redress at the Supreme Court.
