A’Ibom Senatorial election: Judge threatens to hands-off

Justice Nnamdi Dimgba of the Federal High Court sitting in Abuja, on Wednesday, threatened to withdraw from a suit challenging the removal of Senator Bassey Albert Akpan, representing Akwa Ibom East Senatorial zone from the Senate.
Akpan’s election was nullified on the February 27, 2017, and consequently sacked from the Senate by a federal high court sitting in Uyo, while the Independent National Electoral Commission (INEC) was ordered to issue certificate of return to Mr. Bassey Etim as winner of the National Assembly election held in the state.
Miffed by the judgment, Akpan approached the Federal High Court, Abuja with an ex parte application seeking interim preservation orders against the Independent National Electoral Commission; the President of the Senate; Clerk of the National Assembly and Clerk of the Senate are 1st, 2nd, 3rd and 4th defendants respectively.
However, the court ordered that “the defendants/respondents shall appear on March 8, 2017 to show cause why the interim preservation orders as sought by the plaintiff/applicant should not be granted.”

But when the matter came up yesterday, Justice Dimgba expressed dismay over a publication disparaging his person and insinuating personal interest following the conduct of proceedings on March8, 2017.
Reacting after Senator Akpan’s lawyer, and those of INEC and Bassey Etim denied knowledge or hand in the said publication, Justice Dimgba said: “I denied all insinuations of what transpired on March 8, 2017.
“This matter is adjourned to March 24, 2017.
“But in the event of further resolution on the said publication, I may decide to disqualify myself from hearing of the suit and hand over the case file to the Chief Judge to reassign it,” Justice Dimgba stated.

Earlier, Bassey Etim’s lawyer had told the court that it had nothing to do with the publication, and asked the Judge to disregard it.
On whether or not to discontinue hearing of the suit as asked by Justice Dimgba, counsel to Bassey Etim said: “I leave it at court’s discretion to answer.”
INEC’s lawyer, Umar, described the publication as “unfortunate” and begged the court to “disregard” it, while Senator Akpan’s lawyer, Oluyede said: “My Lord, the publication is an interference and the court has the capacity to deal with the issue as contempt.
“The publication is not an obstruction to the court’s capacity to deal with the matter. I urge the court not to accord any strong level of attachment to it.
“It does not call for abdication and urge my Lordship to disregard it,” Oluyede said.

Recall that the plaintiff/applicant, Senator Bassey Albert Akpan, had on March 3, 2017 sought an ex parte “order of interim injunction restraining the 1st defendant/respondent (INEC) from regarding the actions taken by it relating the Senatorial election in Akwa Ibom East as nullity, treating the certificate of returns issued to the plaintiff/applicant in respect of that election as a nullity and/or issuing any certificate of return to any other person to replace the plaintiff/applicant based on the judgment of this court delivered on February 27, 2017 in suit No. FHC/UY/CS/1087/2015 whilst the plaintiff/applicant pursues his appeal and to grant a stay of execution of execution of judgment pending the hearing and determination of the motion on notice.

“An order of interim injunction restraining the 2nd to 4th defendants/respondents from in any manner whatsoever debarring the plaintiff/applicant from his duties as a Senator of the Federal Republic of Nigeria or from access to facilities due to his office in the National Assembly merely because of adverse judgment against him delivered on the 27th February, 2017 in suit No.FHC/UY/CS/1087/2015 whilst the plaintiff/applicant pursues his appeal validly filed within time against the said judgment of this Honourable Court and seek it’s stay of execution, pending the hearing and determination of the motion on notice.