A Federal High Court in Abuja has struck out the suit seeking to declare vacant the seats of Senate President Bukola Saraki, the Speaker of House of Represenatives, Yakubu Dogara and others over their defection to other political parties.
A civil society organisation, the Legal Defence and Assistance Project (LEDAP) filed the suit in September 2018 under Section 68(1)(g) of the 1999 Constitution arguing that lawmakers should vacate their seats and refund their salaries and allowances to the public purse.
Those sued by LEDAP include 18 senators, including Akpabio, 36 House of Representatives members, the Attorney General of the Federation, INEC, Deputy Senate President Ike Ekweremadu and Deputy Speaker Yusuf Lasun.
Justice Okon Abang on Friday held that LEDAP lacked the locus standi to institute the suit since it is neither INEC, nor a member of the National Assembly.
The court also held that the CSO is neither any of the political parties which sponsored the defecting lawmakers nor a constituent who voted the lawmakers into office.
“Plaintiff has not placed anything before the court to show that any of the constituents who voted the lawmakers into office are even aware of the suit,” he said.
Justice Abang added that LEDAP did not prove that it suffered any loss or special damages on account of the lawmakers decamping from their sponsoring political parties.
On Akpabio’s argument, the judge agreed with him that his circumstance did not fall under the provision of Section 68(1) (g) of the Constitution, since he defected the APC after he was expelled by the PDP.
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