The
H/Assembly has erred by declaring Elucate seat vacant
The acting chairman of APC in cross river state, Mr. John Ochalla has said that the cross river state house of Assembly erred when it declared vacant the seat of Hon. Egom Elucate for decamping from PDP to APC.
This was
contained in a statement to newsmen shortly after meeting with the party’s
candidate for the forthcoming LG elections in the state.
Ochalla said “what the state legislature has done is
unlawful and we are already in court on that specific matter because what Hon.
Egom Elucate did was within the ambit of the law and the state legislature has
erred by declaring his seat; Obubra state constituency vacant and directing
INEC to conduct a bye-election.”
According to
the state Chairman of APC, “that order of the legislature is absolutely null
and void and of no effect until the matter is determined by the court of law.
As we speak, the court has said that all status quo must be maintained by all
parties until final determination of the substantive suit.”
Adding “So things are going to remain the way it is , I
can assure you that all remedies and allowances will be giving to him because
he move to APC within the ambit of the law”.
“The law is
very clear and specific, but PDP and their leadership are trying to be clever
by half by invoking a section of the Nigerian constitution and leaving a
section of the same constitution that states that if they are amalgamated
parties and you are not comfortable with it, or if they are factions within
your party, you are free to decamp. The whole world know that at the time the
member decamped to APC, PDP, had a clear cut faction from the National to the
ward level”
Also
speaking the state Treasurer of APC Mike Agbe said the position of the APC on
the matter is very clear adding that the party will get back the seat through
lawful means as the party believes in the rule of law stressing that what
happen at the floor of the House of Assembly was a display high level impunity
by the PDP.
Agbe alleged
that “before the House took their decision on the matter, the Court had already
served the House of Assembly an injunction on the matter through the clerk of
the house, but because they are lawless, they went ahead to declare his seat
vacant”.
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