A Federal High Court in Abuja
on Thursday ordered the Peoples Democratic Party member of the House of
Representatives representing Onitsha North/South Federal Constituency of Anambra
State, Godwin Idu, to vacate his seat.
Justice Adeniyi Ademola also
cancelled the certificate of return which the Independent National Electoral
Commission earlier issued to him as the winner of the March 28, 2015 election
for the Onitsha North/South Federal Constituency seat in the House of
Representatives.
The judge, who was delivering
judgment in a suit challenging the submission of Idu’s name to the INEC as the
candidate of the PDP for the election, ordered that the plaintiff in the suit,
Lynda Chuba-Ikpeazu, should be sworn in Idu’s stead.
Chuba-Ikpeazu, had filed the
suit which predated the March 28, 2015 election, on March 18, 2015, to
challenge the substitution of her name earlier submitted to INEC as the winner
of the PDP’s primary, with that of Idu.
The PDP, INEC, the National
Working Committee of the PDP and Idu were the defendants in the suit. But INEC
did not file any defence in the suit filed through the plaintiff’s counsel,
Onyechi Ikpeazu (SAN).
The judge, as part of the
ancillary orders in his judgment ,directed INEC to issue fresh certificate of
return to Chuba-Ikpeazu.
He ordered the Speaker and the
Clerk of the National Assembly to swear in Chuba-Ikpeazu as replacement for Idu
immediately.
The judge in granting all the
prayers sought by the plaintiff held that the substitution of her name with
that of Idu violated the provisions of sections 31(2)(j) and 50 of the PDP
constitution; sections 31(1)(2) and 33 of the Electoral Act, 2010 (as amended);
section 222(c)of the Constitution of the Federal Republic of Nigeria and
Article 25 (xii) of the Electoral Guidelines for Primary Elections, 2014 of the
PDP


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