Court of Appeal sitting in Port Harcourt, Rivers State, has sacked the member representing Brass Constituency 1 in the Bayelsa State House of Assembly, Hon. Daniel Charles, for defecting from the All Progressives Congress, APC, to the People’s Democratic Party (PDP).
The Court also ordered the sacked lawmaker, Charles, to return the salaries and allowance he has received since June 2021.
The APA had dragged, Charles, to Court praying for his sack after he defected from the party to the PDP.
Charlse had won at the Federal High Court in Yenagoa presided over by Justice Isa Dashen prompting the APC to approach the Court of Appeal.
However, 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 decision of the lower Court (Federal High Court) delivered on the 11th of January on the legality of his defection.
The appeal court held that upon Charles’ defection from the APC being the platform on which he was elected, that he (Charles) should have vacated his seat at the State House of Assembly since 14th April, 2021 by the virtue of section 109(1)(g) and (2) of the constitution of the Federal Republic of Nigeria.
The Appeal, which had Hon. Daniel 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 (Hon. Daniel 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 Appellant (the All Progressive Congress (APC).
