Declare Rochas Seat Vacant Now..APGA Tells Court

The All Progressives Grand Alliance (APGA) Monday approached the Federal High Court sitting in Abuja asking it to declare the seat of Imo State Governor, Mr Rochas Okorocha, vacant for defecting to the All Progressives Congress (APC).
In addition, the party asked the court to order the swearing-in of Okorocha's deputy, Mr. Eze Madumere, to replace him. 

APGA's National Executive Committee (NEC) had, after its meeting in Abuja on August 3, 2013, unanimously resolved to commence a legal action to re-take the party's mandate from Okorocha after he defected to the APC.
The party said its ideology differed from that of the APC.

Meanwhile, the Supreme Court has dismissed an interlocutory appeal filed by Jude Ejike Okuli against the APGA National Chairman, Chief Victor Umeh, challenging the decision of the Court of Appeal, Enugu Division, delivered on April 8, 2013, which granted a stay of execution of the judgment of the Enugu State High Court presided over by the state's chief judge.

The dismissal of the appeal was sequel to a notice of withdrawal of the case filed by Okuli's counsel at the apex court.

With the dismissal of the appeal, there is therefore no pending case challenging the final judgment of the Court of Appeal, which was delivered on July 16, this year, that affirmed Umeh as the substantive national chairman of APGA.
In the suit filed for the removal of Okorocha, through its counsel, Victor Odjemu, APGA is praying the court for an order directing the deputy governor of Imo State or the Speaker of the Imo State House of Assembly or any officer next in line to the position of the governor of Imo  State, who is a member of the plaintiff (APGA) to be sworn in as the governor of the state.

The party is also asking the court for an order directing the second defendant, the Independent National Electoral Commission (INEC) to issue a certificate of return to the person declared as governor and an order annulling the certificate of return issued to Okorocha (first defendant) by virtue of his defection to the APC.
The party asked the court for a declaration that by virtue of the provisions of Sections 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 and Section 97 of the Electoral 2010 and the effect of the Supreme Court decision in Amaechi vs INEC reported in 2008, 5 NWLR part 108, 227, particularly at page 317 to 325, the Imo State governorship mandate given at the April 2011 elections remained with the plaintiff (APGA).

The party also said the mandate should be exercised by the deputy governor, the speaker of the state assembly or any officer next in line to the office of the governor who is a member of APGA by virtue of Section 191(1) and (2) of the Constitution of the Federal Republic f Nigeria 1999 (as amended) following the defection of Okorocha to the APC, which did not have the mandate of the people of Imo State.
Other reliefs sought by APGA were:
• A declaration that by virtue of the provisions of Section 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 and Section 97 of the Electoral Act 2010 and the effect of the Supreme Court decision in Amaechi v INEC reported in 2008, 5 NWLR part 108, 227 particularly at page 317-325 the first defendant who was sponsored by the plaintiff in the April 2011 elections cannot continue to occupy the Office of the Governor having decamped from the plaintiff that won the election to the APC  as the mandate was given to the plaintiff by the electorate of Imo State and not the APC.

• A declaration that by virtue of the provisions of Section 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 and Section 97 of the Electoral 2010 and the effect of the Supreme Court decision in Amaechi vs INEC reported in 2008, 5 NWLR part 108, 227 particularly at page 317-325 the governorship mandate given by the people of Imo State in the April 2011 general election remains with the plaintiff.

The plaintiff also posed these questions for the determination by the court;
• Whether by virtue of the provisions of Section 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 and Section 97 of the Electoral 2010 and the effect of the Supreme Court decision in Amaechi vs INEC reported in 2008, 5 NWLR (part 1080) 227 particularly at page 317 to 325, Okorocha ought to vacate his office as governor of Imo State having decamped from the plaintiff which won the April, 2011 governorship election to become a member of the APC, a rival political party when the mandate given to the plaintiff by the people of Imo State still subsists.

• Whether by virtue of the provisions of Section 177(c) and 221 of the Constitution of the Federal Republic of Nigeria 1999 and Section 97 of the Electoral 2010 and the effect of the Supreme Court decision in Amaechi v INEC reported in 2008, 5 NWLR (part 1080) 227 particularly at page 317-325, the office and position of governor of Imo State remains with the plaintiff which contested for and won the April 2011 governorship election in Imo State for a term of four years and same is not affected by the defection of Okorocha to the APC, which did not win the election and does not have the mandate of the people of Imo State.
Listed as defendants are Okorocha, INEC and the state assembly as first to the third defendants respectively.
No date has been fixed for the hearing of the suit.