Federal High Court Jalingo has sacked Senator Emmanuel Bwacha, Senator representing Taraba South for defecting to the All Progressive Congress, APC, after winning his election in 2019 under the umbrella of the Peoples Democratic Party, PDP.
Recalls that the PDP had approached the court to claim the mandate of their party after the ex-deputy senate minority leader defected to the APC in February.
Justice Simon Amobeda who ruled on the matter Thursday, in a suit marked, FHC/JAL/CS/9/2022 told Bwacha to immediately vacate the seat.
Amobeda ruled that the first defendant (Emmanuel Bwacha) 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, 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 plaintiff successfully established his case and is therefore entitled to the grant of the reliefs sought.
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Part of the judgement read, “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 judgement read.
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