This is Joy Ihejiofor's Blog: Defection Aftermath: Appeal Court sacks Ondo Rep, Hon. Ifedayo

Hon. Sunday Ifedayo Abegunde.

The Federal Court of Appeal, which sited yesterday in Akure, has declared vacant the seat of Hon. Sunday Ifedayo Abegunde, popularly called as ‘Abena,’ who represents the Akure South/North Federal Constituency in the House of Representative.

According to Sahara reporters, the court sitting which took place on Monday , hinged its decision on the defection of Hon. Abegunde from the ruling Labour Party (LP) in the state to the defunct Action Congress of Nigeria (ACN). which is now All Progressives Congress (APC).
The court stated that the defection violated the provision of Section 68 (1) (g) of the 1999 constitution, adding that the lawmaker left the LP when there was no division or crisis in the party despite securing its ticket and gaining his National Assembly seat on its platform.
The court headed by Justice Garuba Mshelia, said the failure of the appellant to obey the constitutional process of defecting from one political party to another negates the constitution and that he should therefore immediately vacate the seat.
Hon. Abegunde, after he had completed a term in office, defected from the People Democratic Party (PDP) to the Labour party (LP) and was given the mandate and ticket to contest under the LP platform in April 2011 which he won.
However, after his re-election into the House of Representatives under the platform of the LP, Hon. Abegunde defected to the ACN a few months later. It was due to his defection that the LP went to court to seek for the seat of Hon. Abegunde to be declared vacant.
The LP, through its Defence counsel, the state Attorney General and Commissioner for Justice, Mr. Eyitayo Jegede, (SAN), told the court that since Hon. Abegunde had dumped the LP and had refused to prove any division within the party, the court should automatically declare his seat vacant.
They also want the court to instruct the Independent Electoral Commission to conduct a bye-election to fill the his vacant .seat.

Source: Sahara Reporters