A court of appeal sitting in the Ondo state capital, Akure on Monday, September 15, 2014 unseated a member of the house of representatives, Ifedayo Abegunde who represents Akure south and north federal constituency following his defection from the Labour Party (LP) to the defunct Action Congress of Nigeria (ACN), Vanguard reports.
Abegunde had defected in 2011 and in a bid to prevent the party from recalling him, approached the federal high court. Unfortunately the court had ruled against his favour, terming the defection as unlawful since the LP was not witnessing any internal tussle.
Not satisfied with the ruling, Abegunde approached the the court of appeal which also threw out his application, which he had sought the application via his lawyer, Yemi Osibajo (SAN).
In 2012, justice C. Okeke had ruled against the lawmaker, asking him to vacate his having left the party that put his in the national assembly, a decision which court of appeal upheld.
A 5 man panel of the appellate court presided over by justice A.G Mshelia dismissed delivered judgement dismissed Abegunde’s appeal.
Mshelia said Abegunde had negated the provision of section 68 (1) (g) of the Constitution of the Federal Repubic of Nigeria 1999 as amended, further holding that “there was no division within the LP to warrant a defection from it.”
The court therefore ruled that the lawmaker vacate his seat as a lawmaker representing Akure North/South Federal Constituency.