A Federal High Court sitting in Awka on Thursday fixed the hearing of a suit seeking the sack of the senator representing Anambra North Senatorial District, Stella Oduah.
A chieftain of the Peoples Democratic Party, Kingsley Nnalue, in Suit No FHC/AWK/CS/38/2022 had filed the case asking the court to sack Oduah who was elected on the platform of the PDP for defecting to the All Progressives Congress.
Other defendants in the suit are the Independent National Electoral Commission, the Senate President, Clerk of the National Assembly and the PDP as first, second, third, and fifth respondents respectively.
Justice H. A. Nganjiwa, who fixed the date, also granted applications for accelerated hearing and abridgment of time made by the counsel for the plaintiff, Oluchukwu Udemezue.
Nganjiwa also ordered that the plaintiffs should be served by substituted means through courier while the defendants had 15 days to respond.
Nnalue, who came second in the PDP Anambra North Senatorial District primary in 2019, is seeking a declaration that Oduah’s continued occupation of the seat, having left the PDP for the APC, is a violation of the provisions of the 1999 Constitution.
He said the court should swear him in as replacement for Oduah, having come second in the primary election or that INEC should conduct a bye-election which the fourth defendant would not participate in.
The plaintiff prayed the court to determine if Oduah, who was elected senate, ought not to vacate her seat having defected from PDP, through which she was elected, to the APC.
Other reliefs sought, which include order declaring vacant the seat of Senator Stella Oduah and cancelling the Certificate of Return issued to her by the 1st defendant, stated, “An order of the Court directing the 1st defendant to accept the name of the plaintiff, being the person that emerged 2nd in the primaries of 5th defendant, and issue the plaintiff with a certificate of return as the Senator representing Anambra North Senatorial District.
“An order directing the 2nd and 3rd defendants to swear-in the plaintiff as the Senator representing Anambra North Senatorial District in the National Assembly or in the alternative to prayers (c) and (d) above.
“An order directing the first defendant to conduct a bye-election into Anambra North Senatorial District within 60 days from the date of the judgment wherein the 4th defendant shall not participate in.”
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