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Friday, 26 April 2019

Ebonyi Senator appeals judgment declaring seat vacant

Senator Sonny Ogbuoji


The senator representing Ebonyi South, Sonni Ogbuoji , has asked the Court of Appeal sitting in Enugu to annul the judgment of the Federal High court sitting in Abakaliki , that declared his seat vacant .
Ogbuoji , who was the governorship candidate of the All Progressives Congress in the March 9 governorship election in the state , was on April 16 sacked by the court presided over by Justice Akintoye Aluko .
In the appeal filed by his counsel , Mr Michael Odo , a copy of which was obtained by our correspondent on Thursday , the senator contended that the trial court deliberately overlooked evidence tendered that showed he resigned from the Peoples Democratic Party on January 27 , 2017 .
The appeal marked , CA/ E / 2019 and filled on April 18 , further contended that the trial judge also ignored evidence that proved that Ogbuoji registered with the APC on February 2 , 2017 .

The senator argued that he resigned from his former party at a time it was engulfed in crisis , leading to the factionalisation of the PDP between the group led by Ahmed Makarfi and another led by Ali -Modu Sherif .

According to him, the crisis was on July 12 , 2017 resolved by the Supreme Court in favour of the group led by Makarfi.
He further averred in his appeal that his letter of resignation from the PDP was tendered to the appropriate quarters , six months before the apex court resolved the party ’s crisis.
He added that he joined the APC , six months before the judgment .
He said by leaving the PDP when it was engulfed in leadership crisis, he only expressed his constitutionally right to freely join any association .

Ogbuoji also contended that the trial court erred by overlooking evidence adduced by his counsel on the dates he resigned from the PDP and his registration with the APC .
He said rather , the court based its judgment on the day he formally defected on the floor of the Senate as the date of his exit from the PDP .

The senator asked the appellate court to void the judgment as worthless in law and reinstate him as the senator representing Ebonyi South.

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