A’Court sacks Bayelsa lawmaker over defection

Court of Appeal sitting in Port Harcourt, Rivers State has sacked the member representing Brass Constituency 1 in the Bayelsa State House of Assembly, Daniel Charles, for defecting from All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

The APC had dragged Daniel Charles to court, praying for his sack after his defection, but he won the case at the Federal High Court in Yenagoa presided over by Justice Isa Dashen, prompting APC to proceed to the Appeal Court.

But the Justices of the Court of Appeal, Joseph Shagaor Ikyegh, Gabriel Omoniyi Kolawole and Olabode A. Adegbehingbe, in the suit, numbered CA/PH/79/2022, set aside the decision of the lower Court delivered on the January 11.

The Appeal Court Justices ruled, on Wednesday, that upon his defection from the APC, being the platform he was elected, Charles should have vacated his seat at the state House of Assembly since April 14, 2021 by the virtue of Section 109(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria.

The appeal, which had Charles, the Speaker of the Bayelsa House of Assembly, Abraham Ngobere and the state House of Assembly as respondents, also declared that the 2nd​ and third respondents (speaker and the House of Assembly) were under constitutional and legal duties by the virtue of Section 109(1)(g) and (2) of the Constitution to declare the seat of the first respondent (Daniel Charles) as member representing Brass Constituency 1 at the Bayelsa House of Assembly vacant.

It also ruled that Charles should, with immediate effect, return all salaries, allowances and other emoluments, received from the 14th​ of April, 2021 as member representing Brass Constituency 1 of the state House of Assembly. It also ordered that the three respondents pay the cost of N250, 000 each to the appellant, the All Progressives Congress (APC).

Reacting to the ruling of the Court of Appeal, Danile Charles, described the ruling as unfortunate, considering his inalienable right to freedom of association.

He said he believed the Supreme Court would give a favorable judgment and ratify his mandate. He enjoined the people of Brass Constituency I, especially his supporters, to remain calm and hopeful as he plans to appeal the verdict in the coming days.

“From the very moment we joined the PDP, the plan of the opposition party was to distract us with litigation, but by the grace of God, we will continue to remain focused and deliver the dividends of democracy to our people. So there is no cause for alarm,” he said.