A businessman, Onoja Igoche from Opokwu Local Government Area of Benue State, has filed a matter before the Federal High Court, Abuja, asking the court to compel the Independent National Electoral Commission (INEC) to declare the Senate President’s seat vacant. The hearing of the suit will come up

 today.

 

This "strange suit" seeking to declare the seat of the President of the Senate, Chief David Mark, vacant is considered a fall out of “the bitter” politics in Benue State .

Igboche said by virtue of the National Institute for Legislative Studies Act, 2011, the Senate President is the Chairman of the Institute, which is a parastatal.

The plaintiff said by virtue of Section 68(1) (e) of the Constitution of the Federal Republic of Nigeria 1999(as amended), the Senate President is expected to vacate his seat accordingly.

The Section says: “A member of the Senate… shall vacate his seat…if… he becomes a member of a Commission or other body established by this Constitution or any other law.”

The plaintiff applied for leave of the court to determine as follows:

•Whether the Office of Senator David Mark-the Senate President of the Federal Republic of Nigeria has not become vacant by the joint provisions of Section 68(l)(e) of the Constitution , 1999(As amended); and Section 3(3) (a) of the National Institute for Legislative Studies Act, 2011?

•Whether the Independent National Electoral Commission has not violated Section 76(1) and (2) of the Constitution , 1999(as amended) requiring it to fix a date for the election to fill the vacancy which has occurred in the office of Senator David Mark not later than one month after the vacancy occurred.

•Such further or other order(s) as this Honourable court may consider just and appropriate to make in the circumstance for the determination of the questions above.

He sought a declaration that the office of the Senate President has become vacant since the 16th day of September, 2011.

He also asked for a mandatory order directing the Independent National Electoral Commission (INEC) to fix a date for the election to fill the vacancy in Benue Zone C Senatorial District, in accordance with the Constitution , 1999(as amended)