The Akwa Ibom State chapter of the All Progressives Congress (APC) has said that the resolution by the State House of Assembly declaring five state constituency seats in the House vacant is illegal.
State chairman of APC, Mr. Ini Okopido stated this on Thursday in Uyo while reacting to the declaration of the seats of five APC legislators vacant by the House.
Last Monday, the Assembly at its plenary presided over by the Speaker, Barrister Onofiok Luke, declared the seats of Nse Ntuen representing Essien Udim State Constituency; Gabriel Toby, Etim Ekpo/Ika; Victor Udofia, Ikono,; Otobong Nsem, Mkpat Enin and Idongesit Ituen, Itu vacant.
The decision came after the five legislators had decamped from the Peoples Democratic Party (PDP) that sponsored their elections elected to the APC.
Okopido upheld that the Assembly presided by Barr. Luke took the decision contrary to the judicial rules, arguing that there was an injunction forestalling the execution order occasioning the judgment delivered by a Federal High Court sitting in Uyo on November 14th that restrained the Speaker, Barr. Luke from further recognizing the five affected APC legislators as members of the State House of Assembly.
However, Okopido said, “We wish to bring to the attention of the general public that all the members who defected went to Court individually to institute action against the Speaker upon threats of declaration of their seats by the Hon. Speaker and they all successfully obtained injunctions against the Speaker declaring their seats vacant.”
According to him, all the injunctions are still subsisting against the Speaker as none of them had been vacated by the lawyers engaged by the Speaker and the PDP.
“All the five members have pending cases in Court which are presently, rigorously contested by lawyers engaged by the Speaker and the PDP.
“On the 14th of November, 2018, the Federal High Court delivered judgment in one of the cases against Hon idongesit Ituen of Itu State Constituency. As expected of a law abiding citizen, Hon Idongesit Ituen immediately filed an appeal against the judgment and also filed a application for Stay of Execution against the judgment”, he added
The APC State chairman claimed that the Notice of Appeal and application for Stay were duly served on the Speaker. The judgment for stay came up on the 19th of November 2018. The lawyers to the Speaker and PDP filed counter affidavit and rigorously argued and opposed the application. In the end, the matter was adjourned to the 21st November 2018 for ruling by the Court”, Okopido posited.
He therefore condemned the action of the Speaker “For taking the laws into his hands and embarking on absolute illegalities and playing god by declaring the seats of members whose matters were pending in the court; and also had subsisting court orders restraining him (the Speaker) from such purported declarations”.
As as result of the court’s ruling, Okopido announced that the APC stood with all its state legislators and other house members, who wish to move from over to the APC and assured them of the party’s support and stressed that the APC would not allow them to be intimidated by any acts of illegality or impunity by any person in the discharge of their lawful duties at the Assembly.
Okopido, who referred to Barr. Luke as the former Speaker, also declared “We equally stand by the decision of the lawmakers to elect a new speaker to lead the 6th Assembly and will support the new Speaker, Hon Nse Ntuen as is required of the All Progressives Congress in Akwa Ibom State, adding there is no vacant seat in the Akwa Ibom State House of Assembly.
