A member of the Edo State House of Assembly, Sylvanus Eruaga, has asked the Federal High Court, sitting in Benin, to compel INEC to withdraw the certificateof return issued to Seid Oshiomhole as winner of the recently conducted State House Assembly.
Eruaga is also seeking an order for a perpetual injunction restraining Oshiomhole from parading himself as the member-elect for Etsako West Constituency ll.
Seid Oshiomhole is a younger brother to the National Chairman of the All Progressives Congress (APC).
Defendants in the suit marked FHC/B/CS/36/2019, Independent National Electoral Commission, the All Progressives Congress, Send Oshiomhole, Edo State House of Assembly, Edo State government and the Clerk, Edo State House of Assembly.
Eruaga, a PDP lawmaker, through his Counsel, Barr. Dele Igbinedion, said his constitutionally prescribed four years tenure in office will expire 5th April 2020.
Relying on subsisting Court of Appeal judgment delivered on December 19th 2015 (Appeal No CA/EPT/ 343/3015) in his favour, the plaintiff also prayed the Court to determine whether the tenure of his office did not commenced on the 5th April 2016 when he subscribed to oaths of office and allegiance or 8th June 2015 when the Assembly was inaugurated.
He added that the plaintiff’s seat which the Independent National Electoral Commision conducted the March 9th 2019 election to fill was not vacant.
The applicant through his Counsel, also urged the Court for further declaration of N30million salaries, allowances, payment of overhead entitlement for his client within the 9 month the APC lawmaker illegally occupied the seat ( 8th June 2015 till 4th April 2016).
No date has been set for the case to be mentioned.
