15th January, 2019
Three months after the Appeal Court, Makurdi declared him as the authentic legislator to represent Kwande West Constituency at the Benue House of Assembly, Mr Joseph Boko has not been sworn-in.
An investigation revealed that Boko, a member of the APC, who is to replace the incumbent member, Benjamin Nungwa, had twice presented himself to be sworn in, but was turned back by the Speaker, Titus Ubah.
The Appeal Court had, on Nov. 2, sacked Nungwa and ordered that he replaced by Boko, while ruling on a case filed by the later in which he alleged that his name was illegally substituted with the former, after he won the APC primaries in 2014.
Boko, who challenged his alleged illegal substitution with Nungwa, at the Federal High Court, Makurdi, had averred that the act was committed long after the window for substitution allowed by INEC was closed.
He also argued that he was the winner of the APC party primaries held at Adikpo township stadium in 2014.
He had also contended that the arbitration panel of the APC that came to mediate over disputes of party primaries in the state, did not accord him fair hearing during their sittings.
Justice Binta Nyako, who presided over the case, agreed to its particulars, but affirmed Nungwa as the winner of the elections and hinged her decision on the supremacy of the National Working Committee (NWC), of the party.
She had explained that the decisions of the NWC was paramount and could not be challenged.
Boko, who also lost his appeal against the judgment, was not deterred and sought further judicial remedies to his plight at the apex court, which transmitted the case back to the Appeal Court with instructions for accelerated hearing.
The Appeal Court, presided over by Justice Hannatu Sankey, overturned the judgment of the Federal High Court and declared Boko winner of the polls.
It also ordered the immediate sack of Nungwa and the withdrawal of his certificate of return by INEC, and directed the state assembly to immediately inaugurate Boko.
However, dissatisfied with the court judgment, Nungwa approached the Supreme Court with an application for stay of judgment and leave of court to appeal the judgment.
The Supreme Court, in its judgment on Dec. 5, delivered by Justice Olabode Rhodes-Vivour, struck out the two applications and awarded N50,000 cost to the first and second respondents.
Worried by the continued refusal of the assembly to swear him in, Boko, along with his supporters, stormed the assembly complex in Makurdi on Tuesday, insisting that he be sworn in.
The supporters, who took over the assembly complex, carried placards with inscriptions such as “Boko Must be Sworn in”, “We voted for Boko, not Nungwa”, “Boko won at Court of Appeal, Makurdi and Supreme Court, We want justice”.
Speaking within the assembly complex, Boko said that the action of the legislators was an act of impunity.
“It is ridiculous that a judgment of the Supreme Court, which is the highest court in the land, is not being respected.
“They are hinging their action on an application by my opponent which is unnecessary because they know that my opponent’s right of appeal and application for stay of judgment were both denied by the Supreme Court.”
Reacting to the protests, Uba said that the proper procedure for the inauguration was not followed.
“There is a procedure for swearing in which must be followed; a lawyer will write to us requesting his client to be sworn in after which we will give him a date for swearing. None of this has happened.
“We are also relying on the Standing Rules of the House; any time there is a pending case in court, we wait till such cases are disposed of.”
Out of 30 members of the assembly, 22 belong to the ruling PDP, while the remaining eight belong to the APC.