The lawmaker representing Etsako West Constituency ll in the Edo State House of Assembly, Sylvanus Eruaga, has asked the Federal High Court, sitting in Benin, to compel the Independent National Electoral Commission to withdraw the Certificate of Return issued to Seid Oshiomhole, who was declared the winner of the recently conducted State House Assembly poll in the constituency.
Eruaga is also seeking an order for a perpetual injunction restraining Seid, the younger brother of the National Chairman of the All Progressives Congress, Adams Oshiomhole, from parading himself as the member-elect for Etsako West Constituency ll.
Defendants in the suit with number FHC/B/CS/36/2019, are, Independent National Electoral Commission, the All Progressives Congress, Seid Oshiomhole, Edo State House of Assembly, Edo State government and the Clerk, Edo State House of Assembly.
Eruaga, a PDP lawmaker, through his Counsel, Barr. Dele Igbinedion, said his constitutionally prescribed four-year tenure would expire on the 5th April 2020.
Relying on subsisting a Court of Appeal judgment delivered on December 19th 2015 (Appeal No CA/EPT/ 343/3015) in his favour, the plaintiff also prayed the court to determine whether the tenure of his office commenced on the 5th April 2016 when he subscribed to oaths of office and allegiance or 8th June 2015 when the Assembly was inaugurated.
He added that the plaintiff’s seat which the Independent National Electoral Commission conducted the March 9th 2019 election to fill was not vacant.
No date has been set for the case to be mentioned.