Oil Mogul and All Progressives Congress, APC, chieftain, Jarret Tenebe, has asked a federal high court in Benin to declare sit of Frances Asekhame Alimihema, representing Edo North Senatorial District vacant the upper chamber of the National Assembly, NASS, on account of his defection to the opposition People’s Democratic Party, PDP.
In suit filed with case file identification, FHC/B/14/2022, Tenebe has joined Senate President, Ahmed Lawan and the Independent National Electoral Commission, INEC.
Going by the originating summons of the suit, the plaintiff is asking the court the determine if by relevant provisions of the constitution Sen Alimikhena could still hold his office as a Senator.
Citing Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Tenebe is of the view that the senator had automaticaly vacated his seat in the Senate of the National Assembly, by the fact of his defection from the APC, “the political party which sponsored his election to the Senate, to PDP on the 21st day of June, 2022 on the floor of the current Senate.
The plaintiff further averred that if the court agrees with his position, it should make a declaration ” that the first defendant had immediately ceased to be a member of the Senate.
He asked further prayers that the court declare that the senator had automatically vacated his seat as a member of the Senate of the National Assembly, upon his defection to another political party from the All Progressives Congress (APC), which sponsored his election to the Senate before the expiration of the tenure for which the Senate was elected.
Tenebe asked the court to order the senator to vacate forthwith the Edo North Senatorial seat of the Senate of the National Assembly.
The summons further averred that:
“An order restraining the Senate President or any other person acting in that behalf from forthwith recognizing the first Defendant as a member representing the Edo North Senatorial District.
“An Order mandating the 2nd Defendant to give effect to the provisions of section 68(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria in line with section 68(2) thereof in presenting the necessary evidence before the Senate evincing the fact of the vacation of the 1st Defendant’s seat as a member of the Senate.
“An Order directing the Independent National Electoral Commission (the 3rd Defendant) to immediately conduct a bye-election to fill the vacant seat of the Edo North Senatorial District of the Senate of the National Assembly”.