Delta Assembly Account frozen?

·         Hard fighting, irrepressible ex-law maker, Jenkins Gwede seeks payment of unpaid entitlements

·         Demands N450 million, 2 SUV cars

The account of the Delta State House of Assembly (DTHA) has reportedly been frozen on the orders of the Supreme Court, Banner Media Network has learnt.

The apex court is said to have wielded the axe to compel the Assembly to obey its ruling that the then imposter legislator, Edoja Rufus Akpodiete, who was ordered to vacate the seat of Ughelli North constituency II, which he falsely occupied in the House, and pay the rightfully elected legislator, Hon. Jenkins Gwede all his entitlements that were wrongfully paid to Edoja Rufus Akpodiete. It would appear that the Assembly has not yet complied with the apex court’s directive.

Hon. Jenkins Gwede

Efforts to get the leadership of the Assembly’s side of the story proved abortive, but the press secretary to the Speaker, Mr. Henry Ebireri pleaded with Banner Media Network for time to enable the Assembly react. However, Hon. Jenkins Gwede in a telephone conversation Tuesday confirmed that the Supreme Court recently ordered the DTHA account be frozen until all his entitlements are paid. He told Banner Media Network that he is demanding that the sum of N450million be paid to him and two SUV cars given to him.

Although details of the Supreme Court’s recent ruling are scanty, It would be recalled however, that the Supreme Court had in October 2014 sacked Edoja Rufus Akpodiete from the Assembly, and in a unanimous judgment ordered him to within 90 days refund to the state coffers all the salaries and allowances he had collected since he had been occupying the seat since 2011.

Akpodiete made it to the Assembly on the platform of the Democratic Peoples Party (DPP) but decamped thereafter to the ruling Peoples Democratic Party (PDP).

The apex court ordered Mr. Jenkins Gwede to assume the seat, ruling that the Independent National Electoral Commission (INEC) wrongfully issued Akpodiete a certificate of return even when it was aware that the DPP had presented Gwede as its new candidate more than 45 days before the House of Assembly election conducted on April 26, 2011.

It was also observed that it was the first time the Supreme Court would order any person to refund the money earned from office that he or she illegally occupied.

In the lead judgment delivered by Justice Walther Onnoghen, the Supreme Court ordered Mr. Jenkins Gwede of the Democratic Peoples Party to take over the seat from Akpodiete.

The court held that the Independent National Electoral Commission had wrongfully issued the certificate of return to Akpodiete even when it was aware that he had ceased to be the sponsored candidate of the DPP more than 45 days before the state House of Assembly election held on April 26, 2011.

The apex court described INEC’s action in the case as “worrisome” and therefore awarded a total cost of N650,000 each against the commission and Edoja.

The court affirmed the documents tendered by Gwede’s lawyer, Mr. Ikhide Ehighelua, showing that the DPP had notified INEC of its choice of Gwede as its candidate after Akpodiete formally withdrew from the election and the party returned the N2million he paid for nomination form back to him.

Justice Onnoghen held that INEC had by its action “foisted on the electorate of Ughelli North Constituency II of Delta State House of Assembly a pretender to the seat, who, not only withdrew from the election in writing but collected the deposit he paid to the fourth respondent for the said election.”

It therefore ordered that, “The 1st respondent is hereby ordered to issue the said appellant with a certificate of return in respect of the said House of Assembly election held on April 26, 2011.

“The 2nd respondent, Edoja Rufus Akpodiete, is hereby ordered to vacate the seat of Ugelli North Constituency II in the Delta State House of Assembly forthwith.

“It is further ordered that the said 2nd respondent, Edoja Rufus Akpodiete, refunds to the coffers of the Delta State House of Assembly all monies/sums of money he collected by way of salary, allowances whatsoever and however described since he took his seat in the said House of Assembly under the pretext of being the duly elected candidate of the 4th respondent representing Ugelli North Constituency II, within 90 days of this order.”

A Federal High Court in Asaba had dismissed Gwede’s case in a judgment delivered on June 27, 2012 for lack of jurisdiction to entertain the matter because it was election related.

Gwede, Through his lawyer, Mr. Ikhide Ehighelua, had appealed to the Court of Appeal in Benin which in its judgment delivered on May 22, 2013 had resolved the issues raised in his favour but refused to make any consequential order.

He also cross-appealed the judgment of the Court of Appeal urging the Supreme Court to make an order returning him as the duly elected candidate to represent the Ughelli North Constituency II.

Gwede who stayed in the Assembly for just eight months instead of four years on account of his mandate that was stolen by Akpodiete had a tale of woes to tell of the sufferings he was made to pass through while in the House.

Sources recalled that while making his valedictory speech, Gwede lamented that he was denied his entitlements as a member of the DTHA. That he was denied accommodation, denied official vehicles for the period he stayed in office as he had to come to work at the Assembly riding the Keke tricycle.