Former governor of Akwa Ibom state on Tuesday informed a Federal Excessive Courtroom, Abuja that he moved to the All Progressive Get together (APC) as a result of the Peoples Democratic Get together (PDP) expelled him from the occasion.
Whereas urging the courtroom to dismiss the go well with filed final yr by the Authorized Protection and Assistant Challenge (LEDAP) in search of to declare the seat of Akpabio and 54 different nationwide lawmakers vacant over their defection from one political occasion to the opposite in 2018, the previous governor stated the PDP in his ward suspended him, after which he was expelled from the occasion on the native authorities degree.
Talking via his counsel, Sunday Ameh (SAN), the Senator representing Akwa Ibom North West Senatorial District on the Senate stated the date of the 2 incidences, in reveals A and B, was July and August 2019.
“When juxtaposed with the calendar for the primary elections as issued by the Independent National Electoral Commission (INEC), the intention of the PDP then, was to render him fait accompli and to deny him a platform to contest the election, as his nomination must come from the ward up”, Ameh informed the courtroom.
The senior counsel stated Akpabio, who’s the third defendant within the go well with filed by LEDAP was thrown out of the PDP at a really essential second in a political association in direction of 2019 common election.
“In order not to fall prey of the gang-up, calculated at turning him into political orphan and preventing him from participating in the 2019 general, “He has to take advantage of his constitutional right under Section 40 of the constitution to join the APC that was willing to accept him after his party has thrown him out”.
Ameh informed the courtroom what the PDP did to Akpabio was an unusual state of affairs and that’s the reason he seeks a constitutional treatment.
He stated if Akpabio’s motion was not right, the PDP would have utilized to be joined within the matter to say that the third defendant willingly left the occasion and urged the courtroom to dismiss the go well with for being incompetent and missing in advantage.
Earlier in his oral submission, counsel to the plaintiff, Jibrin Okutepa (SAN) insisted that there was no division to warrant the defendants’ defection, including additionally that the additional counter affidavit deposed to personally exhibits that defendants have admitted that there was no division of their events.
Okutepa, whereas urging the courtroom to discountenance the arguments of Akpabio’s counsel stated, “When you might have a petty native quarrel inside your political occasion on the ward degree, it doesn’t provide you with an unbridled license to hitch one other political occasion.
“What they put as expulsion from his local branch, does not constitute a division known to law to bring the case of the 3rd defendant under Section 58(1)(g) of the 1999 constitution, as amended”, Okutepa added.
He urged the courtroom to carry that the defence raised within the additional counter affidavit can not avail the third defendant the bottom to cease the courtroom from making an order sacking the defendants from their seat on the Nationwide Meeting Counsel to Senate President Bukola Saraki and different defendants within the go well with, Mahmud Magaji (SAN) in his submission, urged the courtroom to dismiss the go well with as filed by the plaintiff for constituting an abuse of courtroom course of.
“If an individual is suspended, expelled or faraway from a political occasion, he can transfer to a different political occasion of his alternative. The third defendant solely exercised his freedom of affiliation and urged the courtroom to dismiss the go well with with out value.
The trial Choose, in a bench ruling, stated judgment within the go well with might be delivered on Might 17, 2019, topic to availability of judicial time.
LEDAP had final yr approached the Courtroom with a go well with in search of to declare the seat of the affected nationwide lawmakers vacant over their defection to the 2 main political events in 2018.