Declare Ekweremadu’s Seat Vacant, Enugu Lawyer Urges Court

Enugu based lawyer and former PDP  Senatorial aspirant, Barr. O.A.U Onyeama has approached an Enugu Federal High Court to declare Senator Ike Ekweremadu’s seat vacant.

The matter in Suit No: FHC/EN/CS/171/2022 is sequel to Ekweremadu’s UK alleged organ harvesting which has led to his detention.

Onyeama is seeking a declaration that it is the intendment and contemplation of the Constitution, the Senate Standing Orders 2015 as amended, and the Senate Legislative calendar 2022, that  the seat of Enugu West Senatorial District in the 9th Senate will be declared vacant by default, if the Senator representing it is without just cause absent from meetings of the Senate for a period amounting in the aggregate to more than one–third of the total number of days during which the House of Senate meets in any one year.

He is also seeking a declaration that the 3rd defendant being the Senator representing Enugu West Senatorial District has defaulted  in representation, and has without just cause absented from meetings of the Senate for a period amounting in the aggregate to more than one –third of the total number of days during which the House of Senate meets in any one year.

"And consequently, it cannot be said that the 3rd defendant is the senator validly representing the Plaintiff and Enugu West Senatorial District  in the Nigerian Senate, as provided by the Constitution of Federal Republic of Nigeria, and the Senate Standing Orders 2015 as amended; and it is insensitive, callous, unpatriotic, null, void and of no effect, for anyone to qualify the circumstance of the 3rd defendant’s absent and non-representation in the present scenario,  as being a just cause.

Order relief sought by the claimant include "A declaration that, going by the denial of several Bail applications of the 3rd defendant by the United Kingdom Metropolitan Court, up till date, and the fixing of pre-trial on the 3rd defendant’s matter on or about 4th day of  October, 2022, and trial on or about  the 28th  day of May 2023 as Judicially noticed, it cannot be rightly said that  the 3rd defendant will still perform his duty of representing the  Plaintiff or his senatorial district, before the end of the tenure of the 9th Senate around 29th day of May 2023, as provided for in the and the Senate Standing Order 2015 as amended, and the  1999 Constitution of Federal Republic of Nigeria as amended 2018."

Onyeama who was runner up in the 2018 PDP primary for Enugu West is further seeking "an order commanding and mandating  the 5th and 6th Defendants to as a matter of expediency select , nominate and  forward the name of the plaintiff (Chief Sir Ogochukwu A.U. Onyema (O.A.U.)  to the 1st , 2nd , 4th , 7th and 8th defendants as replacement of the 3rd defendant in the 2nd defendant, within 7 working days of the service of this Order.

He also wants a perpetual injunction restraining the 5th and 6th defendants from ever trying to submit, or submitting to the 1st, 2nd ,  4th , 7th and 8th defendants,  any other person’s name, under any guise, or reason whatsoever, other than the name of the Plaintiff being the available runner –up in the 2018 PDP Senatorial Primary Election, from where the 3rd defendant emerged as flag bearer, before the 6th defendant won the Seat of Enugu West Senatorial District in the 9th Senate of the Federal Republic of Nigeria.

Onyeama who expressed concern for Ekweremadu’s travails said it would be wrong to deprive Enugu West Zone of representation in the Senate.

Joined in the suit are the Senate President Senator Ahmed Lawan, The Senate, Senator Ike Ekweremadu, the Clark of the National Assembly, The PDP, National Chairman of the PDP- Iyorchia Ayu and INEC.