Justice Donatus Okorowo, in a judgment, declared that having defected from Peoples Democratic Party (PDP) to All Progressives Congress (APC), Dogara was no longer qualified to occupy the seat by virtue of Section 68(1)(g) of the constitution.
Justice Okorowo aligned with the argument of the PDP (plaintiff) that by defecting from the party that sponsored him to the ninth National Assembly before the expiration of his tenure, Dogara ought to vacate the seat as he was no longer qualified to partake in the activities of the lower house.
The judge, who held that the action of the lawmaker is prohibited by law, agreed that the aim of Section 68(1)(g) was to check political prostitution among the legislators.
“The judgment is, therefore, given in favor of the plaintiffs I hereby granted the reliefs sought by the plaintiffs,” he declared.
PDP and one of its members in Bauchi State had, in a suit marked: FHC/ABJ/CS/1060/20, sued Dogara, the speaker of the House of Representatives, the Attorney General of the Federation (AGF), Independent National Electoral Commission (INEC) and the APC as 1st to 4th defendants respectively.
Justice Okorowo had, earlier in another judgment, dismissed the suit marked: FHC/ABJ/CS/883/30 and filed by Incorporated Trustees of United Global Resources for Peace Organisation against Dogara and five others on the grounds that the group lacked locus standi to institute the matter.
Judgments, in the two separate suits filed against Dogara, were stalled due to the FHC’s Easter vacation which began on April 8 and will end on April 25.
The PDP and the group had asked the court to remove the former speaker of the Lower House as a member representing Dass, Tafawa Balewa, and Bogoro Federal Constituency of Bauchi State, over his defection to APC.
Dogara had, on July 24, 2020, defected from the PDP to the APC when he submitted a resignation letter to the chairman of the Bogoro ‘C’ Ward in the state.
The plaintiff, through their counsel, Jubrin Jubrin, said by virtue of section 68(1)(g) of the Constitution, Dogara by defecting from the party that sponsored him to the ninth National Assembly before the expiration of his tenure, ought to vacate the seat as he was no longer qualified to partake in the activities of the lower house.
It will be recalled that Justice Taiwo Taiwo of the same court had on March 21, ordered the 20 lawmakers from Cross River to vacate their seats following their defection from the PDP to APC.