The Peoples Democratic Party has requested the Court of Appeal sitting in Calabar, Cross River State to dismiss its appeal lodged against a judgment of the Federal High Court, Uyo, Akwa Ibom State, which sacked Albert Akpan from the National Assembly and declared Bassey Etim as the lawful replacement.
The party said the judgment of the Federal High Court, which sacked Akpan from the Senate for not being its authentic candidate for the 2015 Akwa Ibom senatorial election was not against its interest, hence unnecessary and ought not to have been filed in the first place.
In the notice of discontinuance of the appeal, the PDP told the appellate court: “Take notice that the Appellant (PDP) hereby withdraws all the processes including the Notice of Appeal and the brief of argument filed by the erstwhile counsel for the party.”
The decision of the PDP under the leadership of Senator Ahmed Makarfi to withdraw the appeal, it was learnt, was in the spirit of ongoing reconciliation in the party and its dogged commitment to bringing sanity into the party as it prepares itself for the 2019 general poll in the country.
In a riposte, a United Nations human rights and election monitoring group operating as Peoples Right to Life Development Foundation has commended the Makarfi-led PDP Caretaker Committee over withdrawal of the appeal, saying the decision amounted to promotion of internal democracy and respect for court judgment.
The group said: “We must commend Senator Makarfi-led PDP Caretaker Committee for taking this positive step in withdrawing the appeal filed by the party against Etim whom the court declared the winner of 2015 Akwa Ibom North East Senatorial District.
“It is very clear that the judgement in the case was not against the party as observed in the notice of discontinuance but against the sacked Senator Akpan who has since appealed it.
“Both Akpan and Bassey are members of PDP family. It was expected that PDP should not have filed such appeal in a matter between two members, especially after the court had entered its pronouncements on issues submitted before it. If at all, the party was supposed to ensure the swearing in of Etim as a Senator in obeisance to the court order.”
A Federal High Court sitting in Uyo had on February 27, 2017 booted out Akpan from the National Assembly.
That was after the court found Akpan was not the valid and bonafide candidate of the PDP, which won the 2015 general election for the Akwa Ibom North East Senatorial District.
The court, in the judgment on a pre-election dispute between Etim, a former member of House of Representatives, and Akpan over who between them was the authentic candidate of the PDP for the senatorial seat, specifically held that Akpan had wrongly and illegally represented the Akwa Ibom North East Senatorial District in the National Assembly for 628 days.
The life span of the current 8th National Assembly is 1,460 days, commencing from June 9, 2015, when it was inaugurated, to June 9, 2019.
The trial Federal High Court consequently ordered Akpan to vacate forthwith the seat for Etim for the remaining 812 days and refund to the coffer of the National Assembly, within 90 days, all monies he had collected by way of salary and allowances for the 628 days during which he illegally occupied the seat in the senate.
Besides, the court ordered the Independent National Electoral Commission to retrieve the Certificate of Return earlier issued to Akpan and issue a fresh one to Etim to enable him proceed to the Senate for his swearing-in.
INEC had since complied with the court order.
But the Senate President, Dr. Abubakar Bukola Saraki, had flagrantly refused to obey the judgment of the Federal High Court, Uyo which directed him to inaugurate Etim to begin to perform the functions of his office.
Saraki said he had sent the positive judgment of the court to the Legal Department of the National Assembly for advice on what to do.
He said: “There’s a process to this and when I get this, I always get informed. There are always two sides to a story. I have a senator who says this is the case.
“I referred the case to the legal unit to give me a clear advice on this, and once they advice me, I will comply.
“ I have explained that to the senator that I have no interest. I want the people of Akwa Ibom, which Senator Akpan represents, to have a representation. I don’t gain anything in it..
“I will follow it and I will make it happen.”
But a one-time Chief Judge of Lagos State, Justice Samuel Omotunde Ilori, had dismissed as ridiculous, untenable and contemptuous the refusal by Saraki to swear in Etim as ordered by a competent court of jurisdiction.
The cerebral judge had said the Senate president is not at liberty to seek advice on a positive order of the court.
Saraki had also spurned the legal advice from the Office of the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN), which counselled him to swear in Etim since there was no stay of execution to stop the implementation of the valid and subsisting judgment.
Bar and Bench Watch reports that all efforts by Akpan to get a stay of execution since February 27, 2017 till date to stop Etim from reaping the fruit of his legal victory in court proved abortive.
Worse still, his political party, PDP, which went on appeal with him to challenge the electoral victory of Etim and the sack of Akpan, had also filed a notice of discontinuance of its appeal, which it said was unnecessary since it was not against the political party’s interest.
In the meantime, Saraki had allowed Akpan to illegally remain in the Senate for another 202 days to draw salaries and allowances after the judgment which sacked him and ordered him to refund all the monies he had illegally benefitted from the National Assembly was handed down, while the authentic winner and owner of the seat has been kept out of the Senate for not less than 830 days.
Trending
- Breaking: Veteran Yoruba actor, Ogunjimi is dead
- EX-PRESIDENT BUHARI MOURNS DEMISE OF SIDI ALI, DR. BAFFA YO
- Japa Crises: 58,000 of 130,000 registered doctors renewed licence, says MDCN
- 34-Km Ikorodu-Itokin Road Reconstruction: Gov Sanwo-Olu, Senator Abiru Pay Thank You Visit To Works Minister, Umahi, Make Case For Road Dualisation
- Yahaya Bello: EFCC Chairman’s conduct suggest vendetta, not fight against corruption – Concerned APC chieftains
- LASG Promote Environment Hygiene, Steps up Campaign to end open Defecation
- Odumeje ‘Indaboski’ is a true man of God, says Nkechi Blessing
- Workers trapped as building collapses in Kano