Appeal Court sacks Benue Legislator

• Orders refund of three years salaries and allowances

The Court of Appeal in Makurdi, Benue State, on Friday, sacked a member of the Benue State House of Assembly, Benjamin Nungwa, of the All Progressives Congress (APC) after three years of his election into the state legislature which subsequently generated legal tussle with another APC member, Joseph Boko, over the party primary where Nungwa won the party ticket.

National Daily gathered that Nungwa and Boko fought for the APC ticket in the party’s primary for Kwande West into the State House of Assembly in April 2015. Boko was said to have won the primary election but Nungwa the challenged the conduct of the primary election, alleging manipulations. He petitioned the APC National Secretariat, protesting the result of the primary.

The APC National Working Committee (NWC) had appointed an Arbitration Panel to consider the petition and resolve the conflict coming out of the primary election. Nungwa scaled the Panel and was inaugurated a member of the Benue State House of Assembly.

Boko, however, pursued the case, took Nungwa, the Independent Electoral Commission (INEC) and APC to the Federal High Court, Makurdi. He argued that he was never invited by the panel when the members commenced sittings in Makurdi. He contested that the panel made decisions at the sittings that are detrimental to his interest.

It was gathered that Boko protested that the panel had no chairman and secretary, therefore, did not form a quorum to take decisions. He had further argued that his exclusion from the Panel’s proceedings denied him the right to fair hearing.

Boko also argued that he was properly nominated as APC candidate for the election, requesting the court to order Nungwa to vacate the seat in the State House of Assembly to enable him take his place.

He contested that weeks after the deadline for substitution of candidates had already closed at INEC headquarters, his name was substituted with Nungwa.

He insisted that his name was formally sent to INEC by the party leadership, wondering who did the substitution.

“After submitting names to the INEC, it is only the candidate himself that can withdraw or it could be withdrawn if he dies; I did not withdraw my name and I am not dead,” Boko argued.

National Daily learnt that Justice Binta Nyako of the Federal High Court, Makurdi, in her judgment, upheld Nungwa the authentic candidate of the APC, making reference to the decision of the party’s National Working Committee.

Boko sustained the legal battled; proceeded to the Supreme Court, which after hearing the matter, nullified all cross appeals and motions, and returned the case back to the Appeal Court, giving directive of speedy retrial on merit.

National Daily learnt that in a unanimous judgement on Friday, read by Justice Joseph Ekanem and supported by Justice Hannatu Sankey, in Makurdi, the appellate court annulled the judgment of the Federal High Court which upheld Nungwa as winner of the APC legislative ticket.

The appellate court was said to have ordered immediate sack of Nungwa, declaring him “an illegal occupant of the Kwande West legislative seat.”

The appellate court was said to have resolved three of the five issues brought to it for determination by the appellant.

The court resolved that the arbitration panel of APC NWC that claimed to resolve the disputed Kwande West primary was not competent to handle the crisis; hence, it was not properly constituted.

It also resolved that the appellant was denied fair hearing since he was not invited to appear before the panel and agreed that the nomination of the appellant was done in accordance with the party’s procedures.

The judges in their ruling, directed the unseated lawmaker to refund all salaries and allowances earned during the three years he occupied the seat in the Benue House of Assembly and granted N200,000 costs to the appellant.

Nungwa was said to be serving six months suspension in the Benue House of Assembly for allegedly plotting to impeach Governor Samuel Ortom.