By Temitope Adedeji, Akure
An Ondo State High Court sitting in Akure, the state capital has restrained the Speaker of the Ondo State House of Assembly,Rt Hon. Bamidele Oleyeloogun, from declaring the seat of the lawmaker representing Eseodo constituency, Hon. Success Torhukerhijo vacant over alleged anti-party activities, against her.
Aside the Speaker, the court presided by Justice Alero Akeredolu also barred the State House of Assembly, the Speaker, David Oleyeloogun and the All Progressives Congress (APC) from doing anything that would jeopardise the outcome of the case pending before the court.
The State House of Assembly had in August declared the seat of Torhukerhijo representing Ese-Odo constituency vacant over the allegation of anti-party activities levelled against him by the State Chairman of APC.
He was alleged to have defected to People’s Democratic Party (PDP) where he contested the primary for House of Representatives.
But the lawmaker through his lawyer, Mr Dipo Torhukerhijo dragged the Assembly, the APC, Oleyeloogun and the Independent National Electoral Commission (INEC) to court challenging the legality of their action in declaring his seat vacant.
In order granted exparte, Justice Akeredolu who read the exhibits and affidavits attached to the motion said it would be in the interest of justice to preserve the subject matter of the suit and subsequently gave an order halting anything step has to do with the declaration of the seat vacant.
Pointedly, Justice Akeredolu granted “an order of interim injunction restraining the respondents their officers, servants and agents from giving effect to the purported declaration of the seat of the applicant vacant or taking any steps to prevent the applicant from performing his constitutional duties as an elected member of the House of Assembly or stopping the benefits and entitlements of the applicant as a member of the Assembly pending the hearing and determination of the Originating Motion on Notice before this Court.”
The lawmaker had in his prayers before the court asked for a declaration that alleged anti-party activities levelled against him is not a valid ground for the Declaration of the seat of a member of a House of Assembly vacant under Section 109 (g) of the 1999 Constitution and as such the purported declaration of the his seat as vacant by the Speaker is unconstitutional, unlawful, null and void and of no effect whatsoever.
Also, he asked for a declaration that the APC having expelled him as its member and having consistently refused the him the benefits of its protection and advancement of his political interests, goals and aspirations, can legally associate with any other political party of his choice recognized by INEC.
Torhukerhijo said the declaration of his seat vacant at the instance of APC without giving him the benefit of fair hearing is null and void and of no effect whatsoever.
He sought for “an order reversing and setting aside the purported declaration of the claimant’s seat vacant and reversing every other step so far orchestrated and/or taken whether jointly or severally by the defendants, their officers, agents and servants to prevent the claimant from accessing, performing or exercising any of his constitutional rights, duties, responsibilities, obligations, benefits and entitlements as an elected member of the Ondo State House of Assembly because of the Claimant’s alleged exercise of his rights as guaranteed under sections 38(1) and 40 of the 1999 constitution (as amended).”
Justice Akeredolu fixed the hearing of the motion on notice to September 16, 2022.
