The Federal High Court sitting in Uyo, Akwa
Ibom State, on Monday ordered the senator representing Akwa Ibom North-East in
the National Assembly, Bassey Akpan to vacate his seat immediately.
The court presided over by Justice Fatun
Riman, asked the Independent National Electoral Commission, INEC to withdraw
the Certificate of Return it issued to Akpan and awarded N200,000 costs in
favour of the plaintiff, Bassey Etim.
The presiding judge also ordered INEC to issue
a new Certificate of Return to Etim and the National Assembly to swear-in the
plaintiff as a senator representing Akwa Ibom North-East in the National
Assembly.
The court additionally directed that Akpan
refund all salaries and entitlements he collected so far as a senator to the
Federal Government.
In his judgment, Riman, said that Akpan was
not duly elected in the primary election of the People’s Democratic Party on
December 7, 2014.
Speaking to newsmen after the judgment, the
defense counsel, Offiong Offiong (SAN) said that he would brief his client
before arriving at a decision on what action to take.
“I cannot advise my client through the media,
I will advise him as a professional certainly on the matter when I meet him.”
The plaintiff lawyer, Taiwo Abe, said that the
judgment in favour of his client was a victory for democracy and a dark age for
impunity.
He explained that the quality of judgment
given by Justice Riman would not be faulted by any court of law as the justice
was so thorough in his judgment.
“I am happy with the judgment, it is a victory
for democracy, and I can assure you that no court of law will fault this
judgment.
“My client has proved his case and I have no
doubt even if they appeal or at the Supreme Court my client will still win.”
It was learnt that Etim had approached the court
after the 2015 general elections seeking to determine the eligibility of Akpan
to continue to occupy the Akwa Ibom North East senatorial seat in the Red
chamber.
His argument was that Akpan did not contest
the PDP primary election as a senatorial candidate into the Akwa Ibom North
East senatorial district.
The court, however, submitted that there was
no evidence to show that Akpan was an aspirant for the People’s Democratic
Party primary for National Assembly as oral evidence from his witnesses were even
more contradictory.
It decided that since Etim was the authentic
aspirant for the assembly election, he was, therefore, the winner of the
election.
·
Source: New Mail
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