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 to withdraw the Certificate of Return
it issued to Akpan and awarded N200,000 costs in favour of the plaintiff, Mr.
Bassey Etim.
The presiding judge, who ordered INEC to issue a new
Certificate of Return to Etim, also directed the National Assembly to swear in
the plaintiff as the senator, representing Akwa Ibom North-East in the National
Assembly.
Delivering the two-hour judgment, the court ordered Akpan to
refund all salaries and entitlement he had collected so far as a senator to the
Federal Government.
The court faulted the primary that produced Akpan as the
candidate of the Peoples Democratic Party on December 7, 2014.
The judge said Akpan was foisted on the PDP at the detriment
of Etim, who participated and was declared winner of the primary.
Riman stated, “The defence witnesses proved that they were
not witnesses of truth because they presented conflicting and contradicting
evidences and testimonies against themselves.
“The first defendant (the PDP) till today had succeeded in
robbing Etim to pay Akpan. The third defendant relishes in the illegality
perpetrated during the primaries.
“Therefore, the plaintiff (Etim) is the correct and only
candidate of the PDP for Akwa Ibom North-East Senatorial District. What played
out was the foisting of Bassey Albert Akpan on the PDP.”
Hailing the judgment, counsel for the plaintiff, Taiwo Abe
(SAN), commended the judge for causing justice to be done in favour of Etim,
who he said was the duly nominated candidate of the party.
Counsel for Akpan, Offiong Offiong, said he was dissatisfied
with the judgment, adding that he would consult his client to determine the
next line of action.
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