Court Fails To Stop Senator Boroffice Recall Case


A Federal High Court sitting in Abuja, on Wednesday, turned down a request by the embattled senator representing Ondo North senatorial district, Professor Ajayi Boroffice, seeking to stop the Senate from declaring his seat vacant, following his defection to the Action Congress of Nigeria (ACN) from the Labour Party (LP) that sponsored him for the election.
Senate Ethics Committee had reportedly recommended that his seat be declared vacant, the consequence of his alleged contravention of Section 68(1) (g) of the 1999 Constitution as amended.
“A member of the Senate or the House of Representatives shall vacate his seat in the House if: 1(g): “being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected; provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored,” the section read.
Boroffice had claimed in a letter dated January 10, 2012 to the Senate President, David Mark, that he defected because LP had become factionalised in Ondo State, with a copy of same made available to the chairman of the Independent National Electoral Commission (INEC), Professor Attahiru Jega.
INEC, in a letter dated September 13, 2012 and signed by its secretary, Abdullahi Kaugama, contradicted the claim of division in LP, noting that “the commission hereby confirms that it has no record of any division in the LP to justify your resignation from the party. Section 68 (1) (g) does not operate in your favour as there is no division in the LP.”
With the Senate set to debate the report of its committee, Boroffice approached the court with an ex parte application, seeking an interim order restraining the Senate from going ahead with the planned consideration of the report, which reportedly recommended his removal, pending the determination of his originating summons.
While moving his application, his lawyer, Olumide Olujinmi, told the presiding judge that his client was seeking the interim injunction because the Senate had concluded plans to declare his seat vacant before the end of the week.
In a short ruling, the judge held that “after considering the argument and documents placed before the court, I hereby direct that the plaintiff/applicant (Boroffice) put all the respondents on notice and serve them with all the application.”
He subsequently adjourned till October 23.

CKN NEWS

Chris Kehinde Nwandu is the Editor In Chief of CKNNEWS || He is a Law graduate and an Alumnus of Lagos State University, Lead City University Ibadan and Nigerian Institute Of Journalism || With over 2 decades practice in Journalism, PR and Advertising, he is a member of several Professional bodies within and outside Nigeria || Member: Institute Of Chartered Arbitrators ( UK ) || Member : Institute of Chartered Mediators And Conciliation || Member : Nigerian Institute Of Public Relations || Member : Advertising Practitioners Council of Nigeria || Fellow : Institute of Personality Development And Customer Relationship Management || Member and Chairman Board Of Trustees: Guild Of Professional Bloggers of Nigeria

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