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The Bayelsa State House of Assembly Speaker, Abraham Ingobere, and the expelled lawmaker for Brass Constituency 1, Daniel Charles, were both threatened with legal action by the All Progressives Congress on Thursday for allegedly disobeying a court order.
Following non-compliance with the Court of Appeal‘s dismissal of Charles, the Independent National Electoral Commission and the Bayelsa State House of Assembly are also in hot water for the same alleged offense.
Charles and Ingobere run the risk of going to jail if they disobey the court’s order to fire the latter with immediate effect.
Justices Joseph Shagbaor Ikeyegh, Gabriel Omoniyi Kolawole, and Olabode Adegbehingbe of the Court of Appeal in Port Harcourt, Rivers State, ruled unanimously on July 14, 2022, in suit number CA/PH/79/2022, that the appeal filed by the APC, which sought to remove Charles as a member of the House for defecting to the Peoples Democratic Party from the APC on whose platform he won the election
The court ordered the speaker to declare Charles’s seat vacant in accordance with constitutional requirements, and it also ordered Charles to return all funds and allowances he had received since April 14, 2021. The court’s decision was based on Sections 109 (1) (g) and (2) of the Constitution.
Mr. Tuduru Ede, counsel for the APC, expressed shock that Charles was still permitted to take part in legislative discussions and claimed that INEC, the Bayelsa State House of Assembly, Ingobere, and Charles were all in violation of the court’s order.
He argued that allowing Charles to stay in the House has the effect of rendering all motions and decisions made by the House invalid. He insisted that the appeal court issue a declaratory judgment.
The Speaker of the Bayelsa State House of Assembly, INEC, the House of Assembly as a whole, and the Honorable Dr. Charles Daniel are all in contempt of court for their actions in permitting the Honorable Charles to serve in the House, according to Ede.
“The Court of Appeal has removed him, and INEC ought to have held an election to fill the vacancy,” Hon. Charles should have given back all the money he had received since April 2021 since he is no longer a member of the House. Because he disobeyed the court’s order, he ran the risk of going to jail. This is part of the impunity we are talking about. “ The House of Assembly’s actions imply that all of their actions and motions are void because they permitted Dr. Daniel, who is legally dismissed as of April 2021, to participate in their deliberations. Allowing him to participate in any discussions means that all they are doing is a nullity.
Charles responded when asked that he needed to consult his attorney first.
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