S'Court sends Sen Danladi, Rep Hembe packing from NASS, orders them to refund salaries, allowances

 
Sen. Danladi,

Rep. Hembe

The Supreme Court of Nigeria on Friday, ordered Sen.Sani Abubakar Danladi, representing Taraba North Senatorial District, as well as Rep. Herman Hembe, representing Vandeikya/Konshisha Federal Constituency of Benue state, to vacate their seats at the Senate and House of Representatives, respectively. They were also ordered to refund all salaries and allowances they received within 90 days.

While the court declared Alhaji Shuaibu Isa Lau, as the senator representing Taraba North, Mrs. Dorothy Mato was ordered to replace Hembe.

The order on Sen. Danladi was contained in the judgment of the court on the appeal filed by Lau. Both Danladi and Lau are members of the Peoples Democratic Party.

Lau had challenged the decision of the Court of Appeal that upturned his victory during the primary elections. He claimed that he was wrongfully substituted.

The apex court also ordered the Independent National Electoral Commission (INEC) to withdraw the certificate issued to Danladi and issue a fresh certificate of return to Lau.

The apex court in the unanimous judgment of a five-member panel held that the appellant had the right to participate just like any other candidate in the primary election.

The court added that if Lau felt that his right was infringed upon, he had the right to approach the court.

“From the totality of the appeal before this court, all the issues are resolved in favour of the appellant.

“His substitution at the primary election is null and void since the appellant scored the highest number of votes, the only option is to declare the appellant as the winner of primary election.

” This court hereby orders that the appellant be issued with the certificate of return and the respondent should immediately vacate the seat.

“He should return to the National Assembly, all salaries and allowances received as a senator within 90 days.”


Similarly in the case of Hembe, the apex court gave the order after it upheld the appeal filed by Mato against the endorsement of Hembe’s election by the Court of Appeal, Makurdi.

In the lead judgment prepared by Justice Walter Onneghen and delivered by Justice Amina Augie, the court held that Mato was the winner of the March 2015 general election with respect to Vandeikya/Konshisha Federal Constituency.

“I hereby declare that the plaintiff/appellant was the winner of the primary election of the All Progressives Congress (APC), held from Dec. 7 to Dec. 10, 2014.

“I declare that the plaintiff/appellant was the winner of the general election of March 28, 2015 with respect to Vandeikya/Konshisha Federal Constituency of Benue, as candidate of the APC,” Augie ruled.

The court also ordered INEC to immediately withdraw the certificate of return issued to Hembe and issue same to Mato.

It further ordered the Speaker or Clerk of the House of Representatives to swear-in Mato as the member representing Vandeikya/Konshisha Federal Constituency of Benue.

The News Agency of Nigeria (NAN) reports that Hembe was elected into the House of Representatives in 2007 on the platform of the People’s Democratic Party (PDP).
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