Why Senate won’t swear in Akwa-Ibom senator’

FURTHER details have emerged in the ongoing tussle for the control of Akwa-Ibom North East Senatorial seat as indications emerged that the decision to stall the swearing-in of Mr Bassey Etim in place of incumbent Senator Bassey Albert Akpan was informed by high-wired politics.

Officially, the leadership of the Senate was said to be relying on the report of the legal department of the National Assembly to stall the swearing-in.

It was learnt that a legal opinion expressed by the department asked the Senate President to await more details on the matter before taking further steps.

Sources, however, said that Etim’s perceived confrontational posture could also have been one of the factors threatening his swearing-in following his victory over Senator Bassey Akpan at the Federal High Court, Uyo, in February.

“Rather than engaging the leadership, Etim is seen as fighting from outside with series of statements being made against the National Assembly system by those who claimed to be his lawyers,” a source said.

The court in Uyo had declared that Etim was the rightful holder of the Akwa-Ibom North East senatorial seat currently occupied by Senator Bassey Akpan in view of his (Etim’s) victory at the primaries conducted by the Peoples Democratic Party (PDP) in 2015. The court had ordered that Etim be sworn-in to replace Akpan.

The Independent National Electoral Commission (INEC) had, in compliance with the court order, issued a fresh Certificate of Return to Etim on March 28, while he has been waiting on the Senate to give him the go-ahead.

Akpan has, however, filed two cases in courts, one at the Federal High Court, Abuja and another at the Court of Appeal, Calabar, to stop his removal.

He is seeking the court to upturn the order of the Federal High Court, which mandated the Senate to swear in Etim.

But the Attorney General of the Federation and Minister of Justice, Abubakar Malami, in a letter to the Senate President, Dr Bukola Saraki, said that Etim should be sworn in because there is no order of the court stopping the exercise, while counsel to Etim, Chief Mike Ozekhome, had also written the Senate calling Akpan’s efforts in court “forum shopping.”

The legal opinion expressed by the legal department of the National Assembly and signed by Charles Yoila, advised the Senate President to ensure status quo by all stakeholders and parties pending the hearing of the motion on notice for mandatory injunction.

“You may also wish to await further details on the position of the matter before taking any further steps,” the legal advice read.