In this report, VIVIAN OKEJEME looks at the controversy surrounding the refusal to swear in Bassey Etim as a Senator representing Akwa-Ibom North-East Senatorial District, after a Federal High Court declared him winner of the election for the seat in 2015 .
Months after a Federal High Court sitting in Uyo, Akwa Ibom state, delivered its judgement, declaring Hon. Bassey Etim winner of the Akwa-Ibom North-East Senatorial District as senator representing the area, the leadership of the Senate, headed by the Senate President, Dr. Bukola Saraki, has refused to abide by the court judgement under the guise of seeking legal consultation. No doubt, the present administration has low rating among Nigerians and the international world in term of respect for the rule of law and court judgements.
Th erefore, it does not have to confi rm the views of Nigerians and outside world by fl agrantly disobeying lawful order of court. Nigerians have always read meaning to decisions of government offi cials and the clear judgement of the high court, which ordered the Senate President to swear-in Etim as a senator is another opportunity for the government and the Senate in particular to redeem its image. Th e government should be reminded that there is every need for it to respect court orders in order to boost the confi dence of foreign investors. A country where rule of law is not respected cannot attract any investor. The court order Th e court in Uyo on February 27th,2017 set aside the election of Mr. Bassey Albert Akpan as senator representingAkwa Ibom North East senatorial district. Th e court held that Akpan was notthe validly nominated candidate of the Peoples Democratic Party (PDP) which wonthe 2015 general election for the senatorial district. Th e court, in the judgment on a preelection matter fi led by a former member of the House of Representatives, Bassey Etim against Akpan over who, between them should be the PDP’s fl ag bearer for the senatorial seat, held that Akpan had wrongly and illegally represented the district in the National Assembly. Th e court ordered Akpan to vacatethe seat for Etim and refund to the coff er of the National Assembly, within 90days, all monies he had collected by way of salary and allowances for theperiod during which he illegally occupied the seat in the Senate. INEC complies Th e court also ordered the Independent National Electoral Commission INEC, to retrieve the certifi cate of return earlier issued to Akpan and issue a fresh one to Etim, to enable him proceed to the Senate for his swearing-in. INEC had since complied with the court order. Etim’s past eff orts Etim said he had also visited the National Assembly twice between March 7 after he collected his certifi cate ofreturn and March 14, to present himself for the swearing-in ceremony but saw no sign that would take place any time soon. He was also not allowed to see the senate president. US, Hawaii examples Recently, President Donald Trump ofthe United States issued a travel ban on some Etim, Senate and defi ance of court order Etim said he had also visited theNational Assembly twice between March 7 after he collected his certificate ofreturn and March 14, to present himself for the swearing-in ceremony but saw nosign that would take place any time soon countries of the world, but whena court in that country swiftly intervened and put stop to the ban order, itwas immediately reversed. For instance, after the order of thecourt in Hawaii, President Trump never hid under the guise of seeking legal consultations, but immediately respected the court and suspended the travel ban. Need for respect for rule of law Little wonder Nigerians have been wondering why things are not working in this country but the truth is thatsome things like respect for rule of law matters for a country to develop. It is also essential to note that in a place where those seem to be highly placed in the society deliberately refuse to obey court orders, it shuts down investment opportunities. In this globalization era, a country with citizens that do not respect the law is doomed to fail. In cases where the people highly regard laws and commands, there is also order and where there is order, investors fl ock in, growing the economy and builds the nation. Th e rule of law is therefore, a very important factor in national development and peace. Th e Senate leadership should bereminded that the body needs the judiciarymore because of the harassment and intimidation it had suff ered from the Executive recently. Saraki as victim As a matter of fact, Saraki is alsoa victim of the intimidation and harassment of the executive, until theJudiciary dispensed justice without fear or favor in his case before the Codeof Conduct Tribunal. Months ago, Saraki was dischargedand acquitted by the tribunal in the false asset declaration charge broughtagainst him by the Attorney-General of the Federation and Minister of Justice, AbubakarMalami, SAN. AGF’s intervention And in line with his role, the AGF wrotethe Senate leadership, urging it to honour the judgment and swear in Bassey. Th e AGF’s letter with Referencenumber MJ/LIT/ABJ/MOC/112/17 reads in part: “Th e Senate of NASS istherefore required to comply with the judgment in suit no FHC/UY/CS/1087/2015between Hon. Bassey Etim and People’s Democratic Party & 2ors by swearingin Hon. Bassey Etim as the Senator representing Akwa-Ibom North-East Senatorialdistrict in the Senate of the NASS.” Bassey’s counsel too Counsel to Bassey, Chief Mike Ozekhome (SAN), had also in a letter dated March 13, 2017, persuaded the Senate to comply with the court’s judgment. Ozekhome wrote : “We humbly appeal to the President of the Senate to do the needful, follow the extant provision of the law and judicial precedent by immediately swearing in Honorable Bassey Etim as the rightful senator representing AkwaIbom North-east Senatorial District in the National Assembly.” Stakeholders react Some stakeholders in the nation’sJustice System who reacted to the issue called on Saraki to immediately respect court judgement. A Senior Advocate of Nigeria (SAN),Ikechukwu Ezechukwu, said for any legislator removed by a court judgment to remain in the Senate, is an illegal act that amounts to disobedience of court orders. Ikechukwu said this while reacting to the recent judgments of the court on the Taraba Senatorial seat, Benue state House of Representative seat and that of AkwaIbom North-East Senatorial District. He said: “In reality, if a court has declared averdict on a matter, there is no reversal, and the continuous stay of the other senator who was removed from the Senate by the Federal High Court, Uyo is illegal. Th e Senate President refusal to swear in the person the judgment was passed in his favor amount to disobedience to court order.” Also reacting is an Abuja based lawyer,Chief Nkereuwem Akpan said, “with regards to the matter decided by the Uyo Division of the Federal High Court, my view is that in the absence of a valid appeal or an order of stay of execution, then that decision, just as any other decision of a court of competent jurisdiction, is valid and subsisting, until and unless it is set aside and or reversed on appeal. It against the spirit and letter of the 1999 constitution for anyone, no matter how highly placed, to ignore and or refuse to obey a valid order of court,” Worse still, even though INEC had nullifi ed the certifi cate of return issued to Akpan by the issuance of fresh certifi cate of return to Etim, Albert has refused to withdraw from the Senate. For how long shall this berration continue?
