A member of National Assembly representing Buruku Federal Constituency of Benue State in the House of Representatives, Mr. Orker Jev, has been sacked by the Supreme Court.
While delivering it ruling on Friday, the apex court panel led by Justice Walter Nkanu ordered that a fresh election should be held within 90 days to fill the vacant seat.
PUNCH reports that Jev was elected into the House of Representatives on the platform of the Action Congress of Nigeria (now the All Progressives Congress).
The Supreme Court affirmed the judgement of the Court of Appeal in Makurdi which earlier ruled that Jev was not the valid candidate of the ACN in the 2011 election.
* A cross section of members of Nigerian House of Reps
it was gathered that the court hence, ordered that Jev’s name be removed from the ballot papers and substituted with the name of the valid candidate, Serkar Iortyom, who was the first respondent in the suit.
Other respondents in the appeal were the ACN (now APC) and the Independent National Electoral Commission.
It pointed out that it could not order Iyortom to be sworn in without an election as doing so would violate the provisions Section 141 of the Electoral Act which prohibits courts from declaring a winner of an election in its judgement.
But the apex court ordered Jev to pay N500,000 to each of the respondents except INEC.
Jev had appealed against the judgment of the Court of Appeal, which affirmed an order directing INEC to withdraw the certificate of return issued to him.
Iyortom had instituted his suit against the ACN, INEC and Jev at the Federal High Court alleging that his name was wrongfully substituted by his party with the name of Jev shortly before the 2011 general elections.
The Federal High Court in Makurdi had in its judgment ruled in favour of Iyortom on the grounds that the ACN was wrong substituted Sekav’s namw with that of Jev.
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