A Federal High Court in Uyo, Akwa Ibom State, on Monday, February 27, ruled that Senator Bassey Albert Akpan, the lawmaker representing Akwa Ibom North-East senatorial district in the upper legislative chamber, should vacate the seat.
Akpan was also asked by the court to refund all salaries and allowances he had earned since his stay in the Senate till date.
The court also ruled that a former member of the House of Representatives, Bassey Etim, who contested the primary election for the senatorial seat with Akpan, should take over Akpan’s seat in the legislature.
Etim had approached the court, faulting the primary which produced Akpan, claiming that he had won the Peoples Democratic Party primary election, and filed a suit against the PDP and the Independent National Electoral Commission.
He argued that he was wrongly substituted in the December 7, 2014 primary election and appealed to the court to declare him as the authentic candidate of the party in the 2015 election.
Delivering judgment, Justice Fatun Riman, asked INEC, to immediately withdraw the Certificate of Return issue Akpan, re-issue a CoR to Etim and also ordered the National Assembly to swear in Etim as the Senator for Uyo senatorial district.
Recall that Akpan, who had earlier defected to the ruling All progressives Congress, may have his defection truncated with the court ruling.
Akpan had earlier petitioned the National Judicial Council seeking the probe of Justice Riman over allegations of bias, judicial misconduct and arbitrariness.
Reacting, the defence counsel, Offiong Offiong, said that he would speak with his client, before knowing the next line of action to take, adding, “I cannot advise my client through the media, I will advise him as a professional certainly on the matter when we meet.”
Counsel to the plaintiff, Taiwo Abe, commended the judgment, describing it as a “victory for democracy.”
He said, “I am happy with the judgment, it is victory for democracy, and I can assure you no court of law will fault this judgment.
“My client has proved his case and I have no doubt, even if they appeal at the Supreme Court, my client will still win.”
