Justice Simon Amobeda of a Federal High Court sitting in Jalingo, Taraba State has sacked Senator Emmanuel Bwacha representing Taraba South for defecting to the All Progressives Congress.
Delivering judgment in a suit marked FHC/JAL/CS/9/2022 brought before the court by the Peoples Democratic Party, Justice Amobeda said by defecting from the plaintiff (PDP) to the second defendant (APC) during the life of the senate to which he was elected in the 2019 general election, Senator Bwacha lost his seat of the National Assembly of the Federal Republic of Nigeria.
Citing section 68(1) (g) of the constitution of the federal republic of Nigeria, the judge held that the PDP successfully established his case and is therefore entitled to the grant of the reliefs sought. The judge then ordered the Senator to immediately vacate his seat in the chambers.
Part of the judgment reads
“The 4th defendant (The Senate President) shall immediately declare as vacant the seat of the 1st defendant in the Senate of the National Assembly of the Federal Republic of Nigeria.
The 3rd Defendant (Independent National Electoral Commission) shall immediately conduct a bye-election among the candidates that contested the 2019 general elections for Taraba South Senatorial District of Taraba State.
Leave is hereby given to the plaintiff to present another candidate to fill the vacancy created by the 1st defendant’s defection to the 2nd defendant not later than 90 days from the date of this judgement”
The court went on to restrain the Senator, his agents or privies from accessing allowances due to the occupant of the seat until a winner emerged from the election to be conducted.