Defection: Court orders Dogara to vacate seat

A Federal High Court in Abuja yesterday ordered former House of Representatives Speaker Yakubu Dogara to vacate the seat he currently occupies in the Green Chamber of the National Assembly.

But in a swift reaction yesterday, the former speaker vowed to appeal the judgment

Justice Donatus Okorowo, ruling on suit FHC/ABJ/CS/1060/20 filed by the Peoples Democratic Party (PDP) against Dogara and four others, held that having defected unlawfully, the former speaker could no longer retain his seat.

The other defendants are the Attorney General of the Federation (AGF), Independent National Electoral Commission (INEC) and the All Progressives Congress (APC).

Dogara, who represents Bogoro/Dass Federal constituency of Bauchi State, was the Speaker of the House of Representatives between 2015 and 2019.

He defected from PDP to APC in 2020 following a disagreement between him and the incumbent governor of Bauchi State, Bala Mohammed.

Justice Okorowo, in the judgment, declared that having defected from PDP, the party that sponsored him, to the APC before the expiration of his tenure, Dogara no longer qualified to retain his seat in view of the provision of Section 68(1)(g) of the Constitution.

Justice Okorowo upheld the argument by the plaintiff that, having defected from the PDP that sponsored him, Dogara ought to vacate the seat.

While holding that Dogara’s action was prohibited by law, the judge noted that the aim of Section 68(1)(g) of the Constitution was to check political prostitution among members of the legislative arm of government.

The judge, who ordered Dogara to vacate the seat forthwith, proceeded to declare the seat vacant and ordered INEC to conduct election for his replacement.

“Judgment is therefore given in favor of the plaintiffs. I hereby grant the reliefs sought by the plaintiffs,” the judge held.

Earlier, Justice Okorowo dismissed a similar suit marked: FHC/ABJ/CS/883/30 filed by a group – Incorporated Trustees of United Global Resources for Peace Organisation against Dogara and five others.

The judge held that the plaintiff lacked the requisite locus standi to initiate the suit.

Reacting to the judgment yesterday, Dogara’s counsel, J.J. Usman, SAN, said he had been instructed by his client to appeal against the judgment with immediate effect.

“The judgment has just been delivered and we have briefed our client right from the Court and he has expressed dissatisfaction against the judgment and has instructed that we file an appeal immediately, which we shall do on Monday.

“The decision of the Court that there is evidence of defection to APC is not substantiated by any shred of evidence in the Court’s record. We are proceeding to the Court of Appeal immediately,” Usman said.