February 11, 2020
Below is the summary of originating summons as filed by Edo PDP and some of its candidates in the FHC Holden at Benin City:
SUMMARY:
1. The 2nd – 9th Claimants and other indigenes/constituents of Etsako West 1, Esan Central, Etsako West 2, Egor, Ovia North East 1, Ovia North East 2, Uhumwode, Ovia South West Local Government Area of Edo state, are entitled to be represented by an elected member in the Edo State house of Assembly.
2. The 6th – 13th Defendants have vacated their seat in the 4th Defendant by their failure, refusal and neglect to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly to represent their various constituencies.
3. The failure, refusal and neglect of the 6th – 13th Defendants to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly to represent their various constituencies have created vacuum in the said respective constituencies.
4. The 1st Defendant is entitled to withdraw the Certificates of Return issued to the 6th – 13th Defendants consequent upon their refusal as members elect to represent the said respective constituencies in the Edo State house of Assembly.
5. The 2nd – 9th Claimants are entitled to be issued the Certificates of Return being the 1st Runner Up or the persons with the second highest number of votes in the election held on 9th March, 2019 into the Edo State House of Assembly in their respective constituencies consequent upon the refusal of the 6th – 13th Defendants to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly to represent their respective constituencies.
CONCLUSION
In sum, the Plaintiffs contend that the claim is palpably meritorious and urge My Lord to grant all the reliefs sought.
Dated at Benin City this 5th day of February, 2020.
THE SUMMONS:
IN THE FEDERAL HIGH COURT
HOLDEN AT BENIN CITY
BETWEENSUIT NO. FHC/B/CS/14/2020.
…………………………………………………………PLAINTIFFS
1. PEOPLE DEMOCRATIC PARTY(PDP)
2.ZUBAIRU DADA ABUBAKAR
3. EKOH OKOYOMO INNOCENT
4. AFEBU AIGBONOGA
5. JIMMY OSAGIEDE ESQ.
6. NOSA VICTOR OMOREGIE
7. IBIZUGBE STEPHEN OSAYOMWANBOR
8. VEADAMS EZEKIEL IGHODARO
9. GODWIN ADENOMO
AND
………………………………………………………..DEFENDANTS
1. INDEPENDENT NATIONAL ELECTORAL COMMISSION
2. THE SPEAKER, EDO STATE HOUSE OF ASSEMBLY
3. THE CLERK, EDO STATE HOUSE OF ASSEMBLY
4. EDO STATE HOUSE OF ASSEMBLY
5. ALL PROGRESSIVE CONGRESS
6. ABDULGANIYU AUDU
7. VICTOR EDOROR
8. SEID ALIYU OSHIOMHOLE
9. CROSBY ERIBO
10. UGIAGBE DUMEZ ONAIWU
11. VINCENT OSAS UWADIAE
12. WASHINGTON OSA OSIFO
13. SUNDAY AGHEDO
ORIGINATING SUMMONS
PURSUANT TO ORDER 3 RULE 9 OF THE FEDERAL HIGH COURT
(CIVIL PROCEDURE) RULES OF 2019 AND UNDER INHERENT JURISDICTION OF THIS HONOURABLE COURT.
Let (1) The Independent National Electoral Commission; (2) The Speaker, Edo State House of Assembly; (3) The Clerk, Edo State House of Assembly; (4) Edo State House of Assembly; (5) All Progressive Congress; (6) Abdulganiyu Audu; (7) Victor Edoror; (8) Seid Aliyu Oshiomhole; (9) Crosby Eribo; (10) Ugiagbe Dumez Onaiwu; (11) Vincent Osas Uwadiae; (12) Washington Osa Osifo and (13) Sunday Aghedo within thirty days after service of this summons on them, inclusive of the day of such service cause an appearance to be entered for them to this summons which is issued upon the application of the Plaintiffs – People Democratic Party, Plot 1970, Micheal Okpara Street, Wadata Plaza, Wuse Zone 5, F.C.T, Abuja.
WHEREOF the Plaintiffs seek for the determination of the following
Questions:
1. Whether the 2nd – 9th Plaintiffs and other indigenes/constituents of Etsako West 1, Esan Central, Etsako West 2, Egor, Ovia North East 1, Ovia North East 2, Uhumwode, Ovia South West Local Government Area of Edo state, are constitutionally entitled by right and under the provisions of the Constitution of The Federal Republic of Nigeria, 1999 (as amended) to be represented by elected legislators/House of Assembly members in the Edo State House of Assembly.
2. Whether the failure, refusal, and neglect of the 6th – 13th Defendants to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly does not amount to a rejection of their victory at the election held on the 9th day of March, 2019 in their various Constituencies.
3. If the answer to question 2 above is in the affirmative, whether the 6th – 13thDefendants having rejected their victory at the election conducted into the Edo State House of Assembly on the 9th day of March, 2019, the 2nd – 9th Plaintiffs are not entitled by virtue of the Constitutional Doctrine of Necessity to be issued Certificate of Return and be sworn in as members representing their various constituencies.
AND if questions 1, 2, and 3 are answered in the affirmative, the Plaintiffs claim against the Defendants jointly and severally as follows:
1. A DECLARATION that the 2nd – 9th Plaintiffs and other indigenes/constituents of Etsako West 1, Esan Central, Etsako West 1, Egor, Ovia North East 1, Ovia North East 2, Uhumwode, Ovia South West Local Government Area of Edo state, are constitutionally entitled by right and under the provisions of the Constitution of The Federal Republic of Nigeria, 1999 (as amended) to be represented by elected legislators/House of Assembly members in the Edo State House of Assembly.
2. A DECLARATION that the failure, refusal, and neglect of the 6th – 13thDefendants to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly to represent their various constituencies has created a vacuum in their said respective constituencies which by the Constitutional Doctrine of Necessity must be filled by the 2nd to 9th Claimants.
3. A DECLARATION that the 1st Defendant is entitled to withdraw the Certificates of Return issued to the 6th – 13th Defendant consequent upon their rejection of the mandate given to them on the 9th of March, 2019.
4. A DECLARATION that the 2nd – 9th Plaintiffs are entitled to be issued Certificates of Return being the 1st Runners Up or the persons with the second highest number of votes in the election held on 9th March, 2019 into the Edo State House of Assembly in their respective constituencies consequent upon the refusal of 6th – 13th Defendants to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly to represent their respective Constituencies.
5. AN ORDER restraining the 1st Defendant from conducting elections to fill the Constituencies/Seats into the Edo State House of Assembly consequent upon the refusal of the 6th – 13th Defendants to subscribe the Oath of Allegiance and Oath of Office at the Edo State House of Assembly to represent their various Constituencies.
6. AN ORDER directing the 1st Defendant to withdraw the Certificates of Return issued to the 6th – 13th Defendants being members elected to represent the said constituencies in the Edo State House of Assembly.
7. AN ORDER directing the 1st Defendant to issue Certificates of Return to the 2nd– 9th Plaintiffs being the 1st Runner Up or the persons with the second highest number of votes in the election held on 9th March, 2019 into the Edo State House of Assembly.
8. AN ORDER directing the 2nd Defendant to swear in the said 2nd – 9th Plaintiffs as members of the Edo State House of Assembly.
This summons was taken out by:
DAN OSE OKOH,ESQ, SAN.
FRED ORBIH ESQ, SAN
EHINON OKOH ESQ.
W. O. OVBIEBO ESQ.
SANDRA OSAZEE ESQ.
UWA OKOH ESQ.
CAROLINE OSAGIE ESQ.
C/O: DAN OSE OKOH (SAN) & COMPANY
PLAINTIFFS’ SOLICITORS
OKOH LAW HOUSE
29B, ISIUWA STREET,
OFF DAWSON ROAD,
BENIN CITY
LEGAL PRACTITIONEERS FOR The PLIANTIFFS
