- Orders full payment of their salaries, allowances
From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has reinstated nine members of the Ebonyi State House of Assembly including the Deputy Speaker, Odefa Obasi Odefa, whose seats were unconstitutionally and illegally declared vacant.
Justice Inyang Ekwo in his judgment in suit no: FHC/ABJ/CS/223/2022, filed by the lawmakers equally ordered that Odefa Obasi Odefa be reinstated as the Deputy Speaker of the Ebonyi State House of Assembly.
The lawmakers are Mrs Ngozi Lilian Eziulo; Oliver Osi; Odefa Obasi Odefa; Aleke Victor Umoke; Chidi Ejem; Usulor Christian; Engr. Humphrey Nwuruku; Mrs. Franca Okpo and Ali Okechukwu Kizito.
The suit, which was filed and successfully argued by counsel to the lawmakers, Okoro Nkemakolan, listed the Independent National Electoral Commission(INEC); the Attorney General of the Federation(AGF); the Inspector General of Police (IGP); the Department of State Security Services (DSS); the Speaker Ebonyi State House of Assembly; the Clerk Ebonyi State House of Assembly; the Ebonyi State House of Assembly and Hon. Kingsley Ikoro as defendants.
In addition to the order for their reinstatement, the court has further made an order directing the Clerk and Speaker of the Ebonyi State House of Assembly, to pay to the Plaintiffs, all their outstanding salaries and allowances, till the expiration of their four-year term in office, by effluxion of time.
Justice Ekwo declared that the Speaker of Ebonyi State House of Assembly, has no constitutional powers, to declare their seats vacant, including the seat of the 3rd Plaintiff, who is a sitting member of the State House, and the Deputy Speaker of the State House of Assembly, without a valid pronouncement of a court of competent jurisdiction.
Consequently, the court made an order setting aside, nullifying and invalidating the votes and proceedings of the Ebonyi State House of Assembly of the 21st day of February 2022, 24th day of February 2022, 15th and 22nd days of March 2022, including all decisions, and resolutions reached, which affected the legal rights and obligations of the Plaintiffs, for the failure of the 5th -8th Respondents to observe the rules of natural justice.
The court further declared that the Plaintiffs, by virtue of their election on the 9th day of March 2019, and issuance of a certificate of return by the Independent National Electoral Commission (INEC), are still the Member, representing the Onicha East constituency, Ivo Constituency, Afikpo North Constituency, Ikwo North Constituency, Abakaliki North Constituency, Afikpo South East Constituency, Ishielu North Constituency, Ezza South Constituency, and Ebonyi Northwest Constituency, of Ebonyi State, respectively as their tenure in office upon their election in March 2019, is for four years, which is yet to elapse.
Consequently, the court issued a restraining order against the Independent National Electoral Commission (INEC), from conducting any other or further elections or bye-election, to elect any other person to replace the Plaintiffs and to represent the Onicha East constituency, Ivo Constituency, Afikpo North Constituency, Ikwo North Constituency, Abakaliki North Constituency, Afikpo South East Constituency, Ishielu North Constituency, Ezza South Constituency, and Ebonyi Northwest Constituency of Ebonyi State, respectively, in the Ebonyi State House of Assembly.
The court declared that the purported removal of the 3rd Plaintiff as the Deputy Speaker of Ebonyi State House of Assembly, and the purported replacement/appointment/election of Hon Kingsley Ogbonna Ikoro, representing Afikpo North West Constituency, as the Deputy Speaker of Ebonyi State House of Assembly, by the Ebonyi State House of Assembly, on the 21st day of February 2022, pursuant to a purported letter of resignation, allegedly issued since the 15th day of November 2021, contravenes the provisions of section 92(2) of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and is, therefore, unconstitutional, illegal, unlawful, null, and void and of no effect whatsoever.
It equally restrained the Inspector General of Police, either by itself, agents, officers, or the Commissioner of Police Ebonyi State, from withdrawing the security details attached to the Plaintiffs, as Members of the Ebonyi State House Assembly.
An order of the court directing the 5th, 6th and 7th defendants to pay to the 1st Plaintiff the total sum of N182,819,000.00, representing her salaries, and overhead from September 2021 to May 2023, monetised official vehicle, constituency allowances and severance allowance.
The court granted an order directing the 5th, 6th and 7th defendants to pay to the 2nd Plaintiff the total sum of N218,263,000.00, representing his salaries and overhead from January 2022 to May 2023, monetised official vehicle, constituency allowances and severance allowance.
An order directing the 5th, 6th and 7th defendants to pay to the 3rd plaintiff, the total sum of N497,716,103.71, representing his salaries and overhead as the Deputy Speaker of Ebonyi State House of Assembly, salaries of his aides as the Deputy Speaker of Ebonyi State, from February 2022 to May 2023, , monetised official vehicle, constituency allowances and severance allowance.
An order of the court directing the 5th, 6th and 7th Defendants to pay to the 4th, 8th and 9th Plaintiffs individually, the total sum of N218,263,000.00, for each of the 4th, 8th and 9th Plaintiffs, representing their salaries and overhead from February 2022 to May 2023, monetised official vehicle, constituency allowances and severance allowance.
An order of the court directing the 5th, 6th and 7th Defendants to pay to the 5th, 6th and 7th Plaintiffs individually, the total sum of N214,585,000.00, for each of the 5th, 6th and 7th Plaintiffs, representing their salaries and overhead from March 2022 to May 2023, monetised official vehicle, constituency allowances and severance allowance.
It further granted an order for 10 per cent interest on the entire judgement sum for each of the plaintiffs, commencing from the time of filing of this action, till the time of delivery of judgment in this matter.
And also an interest on the entire judgement sum for each of the Plaintiffs, at the rate of 10 per cent from the date of delivery judgment till the entire judgement sum is fully liquidated.