ISaac Alfa has urged a Federal High Court in Abuja to direct Senate President Bukola Saraki and Clerk of the National Assembly, Sani Omolori, to recognise and induct him as the duly elected senator for Kogi East.
The seat is currently being occupied by Atai Ali Aidoko.
The request is contained in a fresh suit Alfa filed, following the alleged continued recognition of Aidoko by the Senate leadership, despite subsisting judgment and orders directing that he be replaced by Alfa.
In a supporting affidavit, Alfa accused Saraki and Omolori of abdicating their responsibilities under Section 2 of the Oaths Act, 2003.
He said: “I won the Peoples Democratic Party (PDP) primary’s ticket for Kogi East Senatorial District, held on December 7, 2014, but was unlawfully denied the ticket by the PDP leadership, which fielded Atai Aidoko Ali as its flag bearer.
“This wrong was subsequently redressed as the Federal High Court, Abuja, in a decision by Justice Nnamdi Dimgba, declared me winner of the party’s primary.”
Following Justice Dimgba’s ruling, the Independent National Electoral Commission (INEC), issued a Certificate of Return to Alfa to be sworn in as the senator for Kogi East.
But he was sacked on December 14, 2016, and replaced with Aidoko, following an Appeal Court’s judgment which set aside Justice Dimgba’s decision.
The Supreme Court, on June 16, last year, set aside the Appeal Court’s judgment and ordered a retrial by the Federal High Court.
The case was retried and, in a judgment on June 13, Justice Gabriel Kolawole (then of the Federal High Court, Abuja) ruled in favour of Alfa and voided Aidoko’s claim to the seat.
Alfa averred that while INEC promptly obeyed Justice Kolawole’s order that he be re-issued a Certificate of Return, the defendants have refused to comply with the order.
He said despite being served with copies of the judgment, accompanying orders, the re-issued Certificate of Return, among other relevant documents, Saraki and Omolori failed to obey the court judgment.
Alfa prayed the court to, among others, declare that the continued recognition of Aidoko as the senator for Kogi East by Saraki and Omolori and the payment of all remunerations and entitlements due to that office to him, despite the Supreme Court’s judgment of June 16, last year, and June 13, this year, amounts to an abuse of office.
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