THE Federal High Court 2, sitting in Uyo, the Akwa Ibom State capital, on Monday, nullified the 2015 senatorial elections for Uyo Senatorial District (Akwa Ibom North-East), declaring that PDP Senator Bassey Albert was not eligible to stand in the election.
Former House of Representatives member for Uyo Federal Constituency, Bassey Etim, had approached the court with allegation that Senator Albert colluded with the Independent National Electoral Commission (INEC) to wrongly substitute his name.
He argued that Senator Albert never stood for the December 2014 Peoples Democratic Party (PDP) senatorial primaries, adding that the former commissioner for finance in the government of Senator Godswill Akpabio only worked with INEC and other PDP officials to expunge his name and replace it with his own.
He, therefore, asked the court to nullify the poll and declare him as the authentic candidate for the election.
In the two-hour judgment delivered by Justice Fatun Riman, the prayers were upheld and Senator Albert was asked to immediately vacate the seat for Etim.
Riman, who awarded N200,000 charge against Senator Albert, asked the Senate leadership to immediately swear in Etim as the duly-elected senator for Akwa Ibom North-East senatorial seat.
Besides, the court ordered INEC to immediately issue Certificate of Return to Etim, even as Albert was asked to refund all emoluments accrued to him during the period as senator, to Etim
Counsel to Etim, Mr Taiwo Abe, hailed the judgment as “victory for democracy,” assuring that the merit of the case would sustain the victory up to the Supreme Court.
“We now have a new senator for Akwa Ibom North-East Senatorial District and the person is Bassey Etim,” he said, adding: “All parties must abide by the decision until it is set aside by the appellate Court.”
Counsel to the defendant, Mr Offiong Offiong, rejected the outcome, saying he would return to the drawing board to consult with his client on the next line of action.
Meanwhile, the PDP in the state has expressed shock at the ruling of the court.
According to a statement issued a few hours after the judgment, the party faulted the outcome of the case, saying it was based on the imagination of the judge.
The PDP Publicity Secretary, Mr Iniobong Ememobong, who signed the statement on behalf of the Chairman, Obong Paul Ekpo, said the party had directed its lawyers to immediately file appeal.
He maintained that Senator Albert was the party’s choice for the slot, adding that the PDP would stop at nothing to ensure Albert retains his post.
“This is just the round one in a three-round fight,” he stressed, adding that the leadership of the PDP would follow the case all the way to the appeal and the apex courts to prove the case beyond all reasonable doubts.
He enjoined party supporters to remain calm as stakeholders work to secure the mandate for Albert, whom he said remains the authentic candidate of the party.
and then