Bwacha, a Taraba senator, was fired by the court for defecting to the APC.
Federal High Court Jalingo, has sacked Senator Emmanuel Bwacha, Senator representing Taraba South for defecting to the All Progressive Congress, APC, after winning his election in 2019 under the umbrella of the Peoples Democratic Party, PDP.
After the former deputy senate minority leader defected to the APC in February, the PDP petitioned the court to reclaim their party’s mandate.
Justice Simon Amobeda, who ruled on the case on Thursday in a suit marked FHC/JAL/CS/9/2022, ordered Bwacha to vacate his seat immediately.
He ruled that the first defendant, Emmanuel Bwacha, lost his seat in the National Assembly of the Federal Republic of Nigeria by defecting from the plaintiff (PDP) to the second defendant (APC) during the life of the senate to which he was elected in the 2019 general election.
Citing section 68(1) (g) of the constitution of the federal republic of Nigeria, the judge held that the plaintiff successfully established his case and is therefore entitled to the grant of the reliefs sought.
Part of the judgement read, “the 4th defendant (The Senate President) shall immediately declare as vacant the seat of the 1st defendant in the Senate of the National Assembly of the Federal Republic of Nigeria.
“The 3rd Defendant (Independent National Electoral Commission) shall immediately conduct a bye-election among the candidates that contested the 2019 general elections for Taraba South Senatorial District of Taraba State.
“Leave is hereby given to the plaintiff to present another candidate to fill the vacancy created by the 1st defendant’s defection to the 2nd defendant not later than 90 days from the date of this judgement,” the judgement read.
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