The Court of Appeal sitting in Port Harcourt, Rivers State has sacked the member representing Brass Constituency 1 in Bayelsa State House of Assembly, Hon. Daniel Charles, over his defection from the All Progressives Congress (APC) to the People’s Democratic Party (PDP).
APC had dragged Charles to court praying for his removal after he defected from the party to the PDP.
The lawmaker won the case at the Federal High Court in Yenagoa headed by Justice Isa Dashen which prompted the APC to appeal the ruling at the appellate court.
In their judgement on Wednesday, the Justices of the Court OF Appeal, Joseph Shagaor Ikyegh, Gabriel Omoniyi Kolawole and Olabode .A. Adegbehingbe, in the suit numbered CA/PH/79/2022, set aside the verdict of the lower court delivered on January 11, 2022.
The Appeal Court ordered that since the APC was the platform on which Charles elected, he should have vacate his seat by virtue of Section 109(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria.
The appeal, which had Charles, the speaker of the Bayelsa House of Assembly, Rt.Hon. Abraham Ngobere and the State House of Assembly as respondents, also declared that the 2nd and third respondents (speaker and the House of Assembly) were under constitutional and legal duties by the virtue of section 109(1)(g) and (2) of the constitution of the Federal Republic of Nigeri,1999, to declare the seat of the first respondent (Charles) as member representing Brass Constituency 1 at the Bayelsa House of Assembly vacant.
The court also issued an order declaring the seat vacant and directed that the 1st respondent (Daniel Charles) should, with immediate effect, return all salaries, allowances and other emoluments, received from the 14th of April, 2021 as member representing the Brass constituency 1 of the State House of Assembly. It also ordered that the three respondents pay the cost of N250, 000 each to the APC.
In a reaction to the ruling of the Court of Appeal, Charles described it as unfortunate, considering his inalienable rights to freedom of association.
Charles said he believes strongly that the Supreme Court will give a favourable judgment and ratify his mandate.
He enjoined the people of Brass Constituency I, especially his supporters, to remain calm and hopeful as he plans to appeal the verdict in the coming days.
