Associate Professor of Public Law, Richard Wokocha, has clarified that the declaration of vacancy or the process of a lawmaker vacating their seat is entirely a legislative matter, outside the purview of the judiciary.
In an interview with Channels Television, Wokocha explained that the judiciary can only intervene when there is a dispute about whether the constitutional provisions have been complied with. He cited Section 109 of the Constitution, which states that a member shall vacate their seat if certain conditions are met, and the House shall take necessary steps once facts are presented and confirmed.
He said; "The declaration of vacancy or the process of a person vacting his seat is completely a Legislative affair, it does not have leave any room for Judiciary participation. The Judiciary only participates when there's a dispute as to whether the constitution has been complied with properly or not. So if you look at section 109, it states that a member shall vacates his seat, if the things listed under subsection 1 happens and then it goes on to say that effect shall be given to this however at the next session, the speaker or a member shall presents facts that a member has vacated to the House and if the House is satisfied, that is so, it'll now take the necessary steps"
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