Court strikes out Ondo lawmaker's wrongful expulsion claim
(Nigeria) A Federal High Court in Lagos has struck out a suit by an Ondo State lawmaker, Success Torhukerhijo, challenging his expulsion as a member of the All Progressives Congress, APC, declaration of his seat in the House of Assembly vacant.
Justice Akintayo Aluko held that
Torhukerhijo's suit was not a fundamental rights claim as he averred and was
not maintainable under the Fundamental Rights (Enforcement Procedure) Rules.
The applicant filed the suit marked
FHC/AK/CS/95/2022 as the sole plaintiff, while the Speaker, Ondo State House of
Assembly; Ondo State House of Assembly; APC and the Independent National
Electoral Commission, INEC, as first to fourth respondents.
He made his claims in his originating
motion on notice dated 11/8/2022 filed on August 12, 2022.
Torhukerhijo, an elected member of the Ondo
State House of Assembly, accused the 1st and 3rd respondents of his
unconstitutional expulsion as a member of the 3rd Respondent and declaring his
seat as a member of Ondo State House of Assembly vacant without giving him fair
hearing.
The applicant alleged a violation of his
right to fair hearing under section 36(1) of the Constitution in the process
leading to his expulsion.
Torhukerhijo, a lawyer, represented
himself, while Babatunde Esan held the brief of B. A. Aderosin for the 3rd
respondent.
Dismissing his claim, Justice Aluko held:
"Coming from the foregoing, I hold the considered view that the main and
principal claims of the Applicant which principally have to do with his
expulsion as a member of the APC, declaration of his seat vacant and an order
for the reversal and setting aside of the decision declaring his seat vacant
are not fundamental right claims and are not maintainable under Fundamental
Rights (Enforcement Procedure) Rules.
"To this end, the lone issue in this
case is resolved against the applicant.
"Consequently, this suit is
incompetent and same is struck out for the above reasons."
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