Supreme Court sacks Benue Reps Member, Orders fresh election
Nigeria's Supreme Court on Friday sacked Mr. Orker Jev of the defunct Action Congress of Nigeria, ACN, representing Buruku Federal Constituency in Benue state at the National Assembly and ordered him to vacate his seat at the House of Representatives with immediate effect.
Mr. Jev had gone to Supreme Court to challenge the decision of the Court of Appeal, Makurdi Division, which affirmed the ruling of the trial court which had earlier asked the Independent National Election Commission, INEC, to withdraw the certificate of return issued to him.
Hopes for possible overturn of the decision of both the trial court and the appellate court were dashed as the apex court affirmed the decision of both courts and ordered the Independent National Electoral Commission to conduct fresh election within 90 days to fill the vacancy caused by Jev's removal.
Parties in the appeal before the apex court were Orker Jev, the appellant while Mr. Serkar Iortyom, the Independent National Electoral Commission, ACN (now APC) were the respondents.
The Supreme Court also ordered that the name of Mr. Jev be removed from the ballot box for the fresh election and be replaced with Serkar Iortyom and ordered the sacked lawmaker to pay the sum of N500, 000 (Five hundred thousand Naira only) to Iortyom.
"This appeal is devoid of merit; it is hereby accordingly dismissed. There must be a fresh election to elect a new member for the Buruku Federal Constituency in the National Assembly" the court said.
The apex court explained that Serkar Iortyom could not be declared winner and asked to be sworn in following Jev's ouster because such an order would violate the provisions of Section 141 of the Electoral Act.
It wondered how a ward that has a total of 601 registered and accredited voters would have a result in excess of 2000 vote casts.
"Even if all the voters voted for the apellant, he would not have scored 2000 votes in excess to emerge winner, the panel noted with dismay.
The Court of Appeal sitting in Makurdi had in March 2012 upheld the ruling of a Federal High Court Makurdi which ordered INEC to the retrieve the certificate of return issued to Jev, and hand same to Mr. Sekav Iyortyom also of the ACN.
Sekav Iortyom had instituted a suit against the ACN, INEC and Mr. Orker Jev at the Federal High Court alleging that his name was wrongfully substituted by his party with the name of Jev shortly before the 2011 general elections.
After hearing the suit, the trial court in Makurdi entered judgment in favour of Sekav on the grounds that the ACN (now APC) erred in law by substituting the name of Iortyom with that of Jev.
Mr. Jev had gone to Supreme Court to challenge the decision of the Court of Appeal, Makurdi Division, which affirmed the ruling of the trial court which had earlier asked the Independent National Election Commission, INEC, to withdraw the certificate of return issued to him.
Hopes for possible overturn of the decision of both the trial court and the appellate court were dashed as the apex court affirmed the decision of both courts and ordered the Independent National Electoral Commission to conduct fresh election within 90 days to fill the vacancy caused by Jev's removal.
Parties in the appeal before the apex court were Orker Jev, the appellant while Mr. Serkar Iortyom, the Independent National Electoral Commission, ACN (now APC) were the respondents.
The Supreme Court also ordered that the name of Mr. Jev be removed from the ballot box for the fresh election and be replaced with Serkar Iortyom and ordered the sacked lawmaker to pay the sum of N500, 000 (Five hundred thousand Naira only) to Iortyom.
"This appeal is devoid of merit; it is hereby accordingly dismissed. There must be a fresh election to elect a new member for the Buruku Federal Constituency in the National Assembly" the court said.
The apex court explained that Serkar Iortyom could not be declared winner and asked to be sworn in following Jev's ouster because such an order would violate the provisions of Section 141 of the Electoral Act.
It wondered how a ward that has a total of 601 registered and accredited voters would have a result in excess of 2000 vote casts.
"Even if all the voters voted for the apellant, he would not have scored 2000 votes in excess to emerge winner, the panel noted with dismay.
The Court of Appeal sitting in Makurdi had in March 2012 upheld the ruling of a Federal High Court Makurdi which ordered INEC to the retrieve the certificate of return issued to Jev, and hand same to Mr. Sekav Iyortyom also of the ACN.
Sekav Iortyom had instituted a suit against the ACN, INEC and Mr. Orker Jev at the Federal High Court alleging that his name was wrongfully substituted by his party with the name of Jev shortly before the 2011 general elections.
After hearing the suit, the trial court in Makurdi entered judgment in favour of Sekav on the grounds that the ACN (now APC) erred in law by substituting the name of Iortyom with that of Jev.
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