RABI’UL-AWWAL 4, 1429 A.H
WEDNESDAY, MARCH 12 2008
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2 Reps know fate May 9
The Federal High Court in Abuja has fixed May 9 to determine the tenure of office of two members of the House of Representatives from Anambra.
The House members, who had assumed office more than a year after their colleagues had been sworn in, are Osita Egwuatu (PDP-Awka North) and Chidi Duru (PDP-Aguata).
The duo were sworn in after a prolonged legal tussle to reclaim their seats from the candidates INEC declared winners of the election their constituencies.
They had gone to the court seeking a declaration that their four-year term as members of the House of Representatives still subsists until March 3.
They also sought a declaration that they were entitled to all the allowances and remunerations for the aforesaid period.
They further sought a court order directing the National Assembly and the Speaker of the House of Representatives to give recognition to them as members to complete their terms of four years.
Justice Anwuri Chikere adjourned the case after adoption of written addresses by counsel to the contending parties.
Counsel to the plaintiffs Dr Alex Iziyon (SAN), told the court that the tenure of a member the House of Representatives is four years as provided by Section 64 (1) of the 1999 Constitution.
He further argued that the tenure of an elected member of the House begins to run, by statute, on administering of the oaths of allegiance and office on him or her.
“It is the performance of such rituals that places him properly in the House for him to begin to carry out his duty as a member representing his constituency,” he said.
Counsel to the defendants, Dr Onyechi Ikpeazu (SAN) and Tayo Odumosu, in their respective submission, however, told the court that the plaintiffs’ seats had terminated at the dissolution of the House.
They also contended that the issue of tenure of office of an elective position is at the exclusive jurisdiction of an election tribunal and not a Federal High Court.
It will be recalled that Egwuatu and Duru were the authentic candidates of the PDP for the April 12, 2003 House of Representatives election in Anambra.
At the end of the election, Uche Eze and Okey Enenmuo, were declared winners by INEC.
Dissatisfied with the results announced by INEC, Egwuatu and Duru filed petitions before the then Anambra elections tribunal.
The matter went to the Court of Appeal, where judgment was delivered in their favour on Feb. 24, 2004 and they were subsequently sworn in on March
3, 2004 to replace Eze and Enenmuo.
