From: FRED ITUA, Abuja
The ongoing legal tussle between Sen. Bassey Akpan and Hon. Bassey Etim, took another dimension, on Tuesday, as lawyers loyal to the two contenders took their fight to the National Assembly.
One of the groups, made up of about 20 lawyers, while briefing Senate correspondents, claimed that a subsisting order of the Federal High Court sitting in Abuja, issued by Justice Nnamdi Dimgba, had already nullified a certificate of return issued to Hon. Etim.
Leader of the team, who spoke on behalf of others, Omang Charles, further claimed that by “virtue of section 241 of 1999 Constitution of the Federal Republic of Nigeria, as amended, Senator Akpan has the constitutionally-guanranteed right to appeal the judgment of the Federal High Court in Uyo, the Akwa Ibom State capital.”
The position of the lawyers loyal to Senator Akpan, was outrightly countered by Hon. Etim’s lawyer, Mr Frank Tietie, who also addressed newsmen.
Mr. Tietie said no stay of execution order has been issued by any court of law. He said Senator Akpan’s continuous stay in office is illegal. Tietie called on the Senate President, Bukola Saraki, to obey the Uyo court judgment, by swearing-in Etim.
Tietie further argued that since no contrary judgment has been given by any superior court, there was no need to delay the swearing-in of Hon. Etim.
He said the Attorney-General of the Federation (AGF) and Minister of Justice, Mr Abubakar Malami, has already written to the Senate President to swear-in Hon. Etim. A copy of the letter was sighted by our correspondent.
He said: “It is very obvious that precedent has been set in the swearing in of senators who have won pree-lection matters and issued with certificate oi return. Just to mention but a few 18 the case of Kogi East in a case between Senator Isaac Alfa VS Senator Atai Aidoko.
“In this situation stay of execution were pending in court and appeals were also pending in both situation that is in the Court of Appeal and Supreme Court. We belieie that their swearing-in was right because appeal does not in law operate its order for stay of execution.
“In view of the precedent already set by the senate similar to the instant case of Etim, Senate ought to be consistent and swear-in Senator-elect Etim immediately.”