Supreme Court removes House of Reps member

The Supreme Court has removed Sopuluchukwu Ezeonwuka of the Peoples Democratic Party from representing Orumba North/ South, Anambra Federal Constituency in the House of Representatives.
Justice Kudirat Kekere- Ekun gave the ruling in an appeal filed against Ezeonwuka’ s election by a member of the party , Chief Ben- Nwankwo, in Abuja on Friday .
Nwankwo’ s name was wrongly substituted with the first respondent (Ezeonwuka) after he had obtained the nomination of the party to contest the National Assembly election.
Dissatisfied with the Feb. 20 , 2015 judgment of the Federal High Court in Abuja and the decision of the Court Appeal to uphold it , Nwankwo approached the apex court .
“ Conclusion: having resolved the key issues in favour of the appellant , the appeal succeeds and it is hereby allowed.
“ The judgment of the Court of Appeal delivered on June 26, 2016, is hereby set aside for being a nullity having exceeded its jurisdiction by granting relief not sought by the parties before it .
“ This follows that the judgment of the Federal High Court , Abuja, delivered on Feb .20 , 2015 was delivered without jurisdiction and it ’s a nullity . It is equally set aside .
“ The Originating Summons filed on Dec . 15, 2014 in FHC/Abj /CS/ 1013/ 2014 is hereby struck out ’’ , she said.
Justice Kekere -Ekun further held that : “the consequence of the above order is that the parties shall revert to the status quo ante .
“ The existing position before the first respondent (Ezeonwuka) filed a suit at the trial court was that not only was the appellant ’s name submitted to INEC for the March 28, 2015 , election, he won the election.
“ It was at the point of being issued the Certificate of Return that he was confronted by a letter conveying the order of the trial court stopping that action .
“ In the circumstances , it is hereby ordered that the appellant , Chief Ben Nwankwo, being the candidate duly sponsored by the PDP in that election is entitled to be issued with the certificate of return .
“ The second respondent is hereby ordered to issue Chief Nwankwo a certificate of return in respect of the National Assembly election held March 28, 2015, forthwith,” she said.
The judge also further said: “ the first respondent (Ezeonwuka) is hereby ordered to vacate the seat of the Orumba North/ South Federal Constituency of Anambra State in the National Assembly forthwith’’ .
“ It is further ordered that Ezeonwuka shall refund to the National Assembly all monies collected by him by way of salaries and allowances since he took the seat within 90 days .
“ And finally , a fine of N 500 , 000 is awarded in favour of the appellant against the first respondent ,” the judge held .
The appellant had asked the court to decide whether the lower court had jurisdiction to deliver judgment dated June 26 , 2015, without considering and determining pending motion on notice dated June 18 , 2015 .
The appellant had in that motion sought permission of the court to appeal against the judgment of the trial court as an interested party .
He also urged the court to decide whether the court below was entitled to determine who should be the sponsored candidate of the party .
Source.. Punchng