A Taraba State lawmaker, Senator Emmanuel Bwacha, who was representing Taraba South Senatorial District on the platform of the Peoples Democratic Party (PDP) has lost his position in the legislative chamber for dumping his party for the ruling All Progressives Congress (APC)
Senator Bwacha lost his position on Thursday after the Federal High Court sitting in Jalingo, Taraba State sacked him over the defection following a suit marked FHC/JAL/CS/9/2022 brought before the court by the PDP.
The Taraba State chapter of the PDP had dragged Bwacha to the court over his defection and prayed the court to declare his seat vacant for dumping the party on which he was elected.
Delivering the judgment on Thursday, Justice Simon Amobeda, ordered Bwacha to immediately vacate his seat as a Senator; saying that the first defendant (Bwacha) by defecting from the plaintiff (PDP) to the second defendant (APC) during the life of the senate to which he was elected in the 2019 general election, lost his seat of the National Assembly of the Federal Republic of Nigeria.
Justice Amobeda who cited section 68(1) (g) of the 1999 Constitution of the Federal Republic of Nigeria, ruled that PDP successfully established its case and is therefore entitled to the grant of the reliefs sought.
“The 4th defendant (The Senate President) shall immediately declare as vacant the seat of the 1st defendant in the Senate of the National Assembly of the Federal Republic of Nigeria.
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“The 3rd Defendant (Independent National Electoral Commission) shall immediately conduct a bye-election among the candidates that contested the 2019 general elections for Taraba South Senatorial District of Taraba State.
“Leave is hereby given to the plaintiff to present another candidate to fill the vacancy created by the 1st defendant’s defection to the 2nd defendant not later than 90 days from the date of this judgment,” parts of the judgment said.
The court further restrained Senator Bwacha or his agents from accessing allowances due to the occupant of the seat until a winner emerged from the election to be conducted.
