Contempt: Court reserves judgment in suit seeking Saraki’s removal

Doosuur Iwambe Abuja

Justice Yusuf Halilu of the High Court of the Federal Capital Territory sitting in Maitama has reserved judgement in the suit instituted by the people of Akwa Ibom North East Senatorial District praying it to sack the Senate President, Dr. Bukola Saraki, over his continued disobedience of court order directing immediate swearing in of Mr. Bassey Etim to represent the senatorial district in the Senate.

Justice Halilu reserved judgement after all the counsel in the matter argued their submissions. The plaintiffs who filed for themselves and on behalf of the constituents are Otobong Orok and Anekan Akpan.

At the resumed proceedings before Justice Halilu, the plaintiffs through their lawyers, Desire Wuyep and Omang Omang, told the court that they have every right to determine who should represent them in the Senate since they are legal constituents of the senatorial district.

Besides, the lawyer argued that a judgement of the court should be obeyed upon delivery, hence an appeal against a judgement does not operate as a stay of execution. His line of argument was to counter the submissions of the defence counsel who had earlier told the court that there is a pending appeal against the judgement that sacked senator Akpan He said, “As we speak, there is no order for stay of execution of the judgement delivered by an Uyo High Court.

In seeking clarification the Judge asked Saraki’s Lawyer whether Certificate of Return of Akpan has been withdrawn or not. The question which Saraki Lawyer decline to answer, claiming that he is not aware, whether the Certificate was withdrawn or not.

The Constituents’ lawyer further submitted that any motion or bills that Akpan contributed to on the floor of the senate bear an interest of illegality. Earlier, counsel to the former Senator Akpan Bar Omang had argued that the plaintiffs have no locus standing to challenge Saraki by instituting the suit.

He further posits that Etim’s Certificate of Return had been withdrawn by Justice Dimkpa of the Federal High Court. These claims were refuted by the Plaintiffs, Lawyer who accused Omani of speculation without showing the Order of court nullifying Etim’s Certificate of Return.

He, however, cited Supreme Court authority which states that when a matter is transferred from a judge, as in the instant case, every order made becomes null and void. However, Justice Halilu after listening to all the submissions reserves judgement in the case. It could be recalled that Otobong Orok and Anekan Akpan, had asked the court to among other things determine whether or not, the “defendants were not constitutionally bound to immediately swear in the plaintiffs’ representative in the Senate of Nigeria in person of Hon. Bassey Etim.”