The All Progressives Congress (APC) has called for the arrest and prosecution of Bayelsa State House of Assembly Speaker, Hon. Konbowei Friday Benson, for alleged refusal to vacate his seat, following the nullification of his election by the Court of Appeal sitting in Port Harcourt, Rivers State. The Court of Appeal had on December 9 declared as null and void the election of the speaker and ordered a fresh election in Constituency 4 of Southern Ijaw Local Government Area.
The court, presided over by the trio of Hon. Justice Mohammed Lawal Garba, Hon. Justice Ejembi Eko and Hon. Justice Stephen Jonah Adam, ordered that fresh elections be conducted in all the wards of the constituency within 90 days from the judgment date except in Olodiama Ward 4 and the polling unit 20-30 in Foropa Ward 4. But based on this, supporters of the speaker and the Peoples Democratic Party (PDP) claimed the Court of Appeal ruling did not ask him to vacate the seat pending a re-run election.
But the APC, through counsel to the applicant, submitted the certified copies of the ruling to the State Attorney General and the Clerk of the House of Assembly, showing proof of order of the court.
In the copy of the Court of Appeal ruling, made available to newsmen yesterday in Yenagoa and signed by Ejembi Eko, Justice, Court of Appeal, the case was filed by Hon. Ebifaghe P. Orunimighe and the APC as applicants, while Hon. Benson Konbowei Friday, the PDP and Independent National Electoral Commission (INEC) were respondents.
The appeal court had ruled that results from Olodiama Ward 4 and polling unit 20-30 in Foropa Ward 4 shall, upon the fresh elections in other wards as ordered, thereafter be “duly collated and final declaration/return made.”
The APC, in a statement credited to the counsel to the applicant, said the speaker of the State House of Assembly, had refused to obey court order and refused to vacate his seat as a member of the state assembly.
The statement revealed that the clerk of the House had been served the ruling of the Court of Appeal, stressing that “As I send this message now, the speaker has refused to vacate seat, he went ahead on Friday to receive 2016 Appropriation Bill as submitted by the State Governor, Hon. Seriake Dickson.
“We are seeking legal means to compel the court to issue a contempt order against him and get him arrested and evicted from the House,” it said.
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