Court Orders Akwa Ibom State Government To Pay All Entitlements Of Sacked Lawmaker

Court Orders Akwa Ibom State Government To Pay All Entitlements Of Sacked Lawmaker

The Federal High Court sitting in Uyo presided by Hon Justice F. O. Riman this morning declared vacant the seat of Rt Hon Victor Udofia representing Ikono State Constituency in AKHA for defecting to another political party in contravention of Section 109 of the CFRN 1999 (as amended). The court stated expressly in his judgment that Udofia’s seat remains vacant from today, 21/05/2019 and not the day he defected.

The court held further that today’s judgment does not nullify, alter or in any way render the ruling of yesterday void or ineffective. Recall that the same court yesterday nullified the proceeding of AKHA of 19/11/18 as it affects Rt Hon Victor Udofia where in the Law maker’s seat was declared vacant for defecting to APC despite a subsisting order of interim injunction and a pending case on the subject against the legal doctrine of Les pendis, and ordered that all salary and entitlements of the law maker be paid till yesterday ( 20/05/19) pending the judgment of today.

The Law maker after defecting had approach the court for an order of perpetual injunction restraining the Speaker of AKHA from declaring his seat vacant, among other reliefs. In order to maintain the res, the court, on application of the law maker, granted an order of interim injunction restraining the Speaker from declaring the law maker’s seat vacant until the final determination of the substantive suit and the order of interim injunction was duly served on the speaker. In clear violation of the court order, the Speaker on 19/11/18 declared the law maker’s seat vacant, a pure resort to self help which is condemnable in a democracy and even the Supreme Court in a plethora of cases, among them, Ojukwu v. Military Governor of Lagos State.

Irked by the decision of the Speaker, the law maker filed an application in court seeking, among other reliefs, an order of court nullifying the proceedings of AKHA of 19/11/18 as it affects his right and position. The application was granted yesterday as earlier reported.

Today’s judgment is self explanatory and without any ambiguity. It requires no further interpretation.

Congratulations to Rt Hon Victor Udofia! You came, saw and conquered.

By Prince Ntuk