COURT of Appeal, Benin division has ordered the Speaker of the Edo State House of Assembly, Mr. Victor Edoror to immediately swear -in Mr. Sylvanus Eruaga as a member representing Etsako West 11 constituency in the State legislature or be guilty of contempt of the court and liable to be committed into prison.
It would be recalled that the appellate court in its judgment on the 19th December, 2015 in appeal filed against the judgment of the lower tribunal by Mr. Eruaga declared him the winner of the State House of Assembly election held on 11th April 2015.
It then directed INEC to withdraw the certificate of returns it earlier issued to Dr. Yakubu Gowon Marughu who was declared the winner of the election and issued the appellant a Certificate of Return.
The court while issuing Form 48 titled “Notice of Consequences of Disobedience of Court Order” to the Speaker and the Clerk of the Edo State House of Assembly, Mr. Lawson Ugiabe simply said, “Take notice that unless the directions contained in the Judgment/Order of this Honourable Court dated 19th December 2015 (Enrolled Order attached) BY swearing in the Appellant/judgment creditor as the Honourable member to represent Etsako West Constituent 11 in the Edo State House of Assembly,
you will be guilty of contempt of this court and will be liable to be committed to prison”
The appellate court after listening to counsel to Mr. Eruaga, Mr. Dele Igbinedion in a Motion Exparte, also ordered the bailiff of the court to serve the Form 48 and all other processes pursuant thereto including the subsequent Form 49 on the Speaker and the Clerk of the Edo State House of Assembly by substituted means, to wit; “BY publication of the said Form in a newspaper with nationwide circulation”
Such publication the court added shall be deemed proper and sufficient service of the said process on the said persons.