ISUIKWUATO/UMUNNEOCHI: Onyejeocha’s Case May Suffer Set Back, As Amobi Ogah Moves To Strike Out Petition Over Ministerial Appointment | SEE DOC
ISUIKWUATO/UMUNNEOCHI: Onyejeocha’s Case May Suffer Set Back, As Amobi Ogah Moves To Strike Out Petition Over Ministerial Appointment | SEE DOC
The election tribunal petition of the Honorable Minister of State for Labour and Employment Rt. Hon. Nkeiruka Onyejeocha PhD, against the Member representing Isuikwuato/Umunneochi Federal Constituency Honorable Amobi Ogah may suffer a fatal blow, as the 2nd respondent (Labour Party) in her petition has filed an application seeking to dismiss the petition.
In the application sighted by ALL FACTS NEWSPAPER, the 2nd respondent posited that the continued election litigation pursuit by the honorable minister who was sworn in on the 24th of August 2023 is a contravention of Section 68 (1) (d) of the 1999 constitution of the Federal Republic of Nigeria.
The lawyers of the 2nd respondent are of the opinion that since the 1st Petitioner has accepted a ministerial appointment and sworn in, the tribunal litigation has turned to a mere academic exercise.
The grounds of the objections and applications are as follows;
- Section 68 (1) (d) of the 1999 Constitution of the Federal Republic of Nigeria prohibited a Minister of the Federal Republic of Nigeria from occupying a seat in the National Assembly of Nigeria.
2. The 1st Petitioner (Rt. Hon. Nkeiruka Onyejeocha PhD) is a Minister of the Federal Republic of Nigeria, who filed this petition and prayed the Tribunal to order that she is the rightful occupant of a seat in the National Assembly of Nigeria.
3. The Tribunal cannot order the execution of an unconstitutional act.
4. The pre – hearing session had been concluded before the events which rendered the petition unconstitutional occurred and leave of the Tribunal is required to hear this application.
5. The circumstances of this application are extreme and novel.
But in a counter affidavit, the Petitioner through her lawyers stated that the 2nd respondent’s application is frivolous and unfounded.
They further stated that Section 68 (1) (d) of the 1999 Constitution of the Federal Republic of Nigeria did not bar the 1st petitioner from occupying the House of Representative seat and also the ministerial seat at the same time.
