Ogbuoji appeals judgment declaring his seat vacant

Sen. Sonni Ogbuoji

By Douglas Okoro

Abakaliki, April 24, 2019 (NAN) Sen. Sonni Ogbuoji representing the Ebonyi South Senatorial District at the National Assembly has asked the Court of Appeal siting in Enugu to vacate and annul a judgment of the Federal High court declaring his seat vacant.

Ogbuoji, governorship candidate of the All Progressives Congress (APC), in Ebonyi in the March 9 governorship election was sacked from office by a federal high court sitting in Abakaliki and presided by Justice Akintoye Aluko on April 16.

Ogbuoji in the appeal filed by his counsel, Mr Michael Odo, a copy of which was obtained by NAN contended that the trial court deliberately over-looked evidences tendered that showed he resigned from the People's Democratic Party (PDP), on January 27, 2017.

The appeal with case number CA/E/2019 and filled on April 18 further contended that the trial Judge in his judgement also ignored evidences that proofed that Ogbuoji registered with the APC on February 2, 2017.

The Senator argued that he resigned from his former party at a time it was engulfed in crisis leading to the factionalisation of the PDP between the group lead by Sen Armed Makarfi and that lead by Sen Ali-Modu Sherif.

He said that the crisis was later resolved by the Supreme Court in favour of the group lead by Makarfi on July 12,2017 in a matter known in the Nigeria's Judicial system as the case of 'PDP vs Ali-Modu Sherif'.

The embattled Senator further avarred in his appeal that his letter of resignation from PDP was tendered to the appropriate party quarters six months before the supreme court resolved the PDP crisis.

He also contended that he joined the APC six months before the final judgement in the PDP vs Ali-Modu Sherif's case.

He said that by swarping parties within the time the PDP was embroiled in leadership crisis that he only expressed his constitutionally right to freely join any association and has therefore committed no constitutional breaches.

Ogbuoji also contended that the trial court erred in judgement by over-looking evidences adduced by his counsel on the dates he resigned from the PDP and his registration with the APC.

He said that rather, the court relied its judgement in the suit on the date he formally defected on the floor of the senate as the date of his exit from the PDP.

Ogbuoji in his appeal noted that the trial judge intentionally misled self in the interpretation of section 68 (1)G of the 1999 constitution as amended  by taking January 2018 when he defected to the APC at the floor of the senate as the day he joined the APC.

He said that the trial court erred in its judgement to have concluded that he left his former party when there was no crisis in the party.

Ogbuoji described the judgement as miscarriage of justice insisting in his appeal that the trial court erred in resolving the meaning and correct interpretation of Section 68 (1)g, of the 1999 Constitution on defection and forfeiture of the seat of a defected legislator.

Ogbuoji who prayed the appellate court to set aside the decision of the lower court and overrule the declaration of his seat vacant raised seven errors in the decision of the trial court that made its conclusion a nullity in law that ought not to stand.

Odo, Ogbuoji'

s lead counsel argued that the decision of the court was perverse as it refused to consider evidences before it that showed unambiguously when the senator resigned from the PDD and another showing when he joined the APC.

The senator asked the appellate court to void the judgment as worthless in law and reinstate him as the valid senator of the Ebonyi South district.

He also prayed the appellate court to decide based on facts of law before which the trial court negated, that the declaration of his seat vacant was illegal, unconstitutional, at variance with the law and should be declared a nullity.

The appeal also asked the Court of Appeal to make an order to stay the execution of the judgment of the trial court as it was in error until the appellate court makes its decision that must supercede that of the lower court.

The News Agency of Nigeria (NAN) reports that no date has been fixed for the commencement of hearing on the appealed.
Copied from (NAN)

ODO /

08038741738 (douglasigu96@yahoo.com)