Appeal Court strikes out PDP case against Edo Speaker, clerk

Jethro Ibileke/Benin

The Court of Appeal, sitting in Benin, Edo State, has struck out a case seeking to commit the Speaker of Edo State House of Assembly, Mr. Victor Edoror and the Clerk of the House, Barr. Lawson Ugiagbe, to prison, over their refusal to swear in the Peoples Democratic Party (PDP)’s candidate, Hon Sylvanus Eruaga, as the member representing Etsako West Constituency II.

The court had earlier served Forms 48 and 49 on the duo, when it ordered the State Solicitor-General, Barr. Oluwole Iyamu, to produce the Speaker before it on Thursday, following the expiration of the time limit given to them to settle out of court and failure to comply with the order of the Court. ‎

Counsel to the petitioner, Barr. Dele Igbinedion informed the presiding judge, Justice Olukayode Bada that his client (Sylvanus Eruaga), was consequently sworn in by the speaker of the House on Wednesday, April 6, in pursuant to the Court’s order.

Barr. Igbinedion who applied for the withdrawal of Forms 48 and 49 respectively, however prayed the court to investigate as well as undertake stiffer measures to ensure the case of assault meted out to the court bailiff and his staff in the course of serving court processes on the speaker, do not repeat itself again

On his part, the state Solicitor General, Barr Oluwole Iyamu, who expressed no objection to the application by the appellant’s counsel to withdraw the Forms, equally applied to withdraw his counter application dated April 9.

Iyamu said the State Government was never in contempt or intend to contemplate disobeying Court order, adding that the Governor Oshiomhole-led administration has utmost respect for the court and therefore cannot afford to be at loggerheads with court at any level.

In his judgment, Justice Bada, who struck out the application Forms 48 and 49, declared that no individual or institution was above the law, adding that to disregard the rule of law was an invitation to anarchy and that the roles of the three arms of government are complementary and not conflicting.