Court allows Akpabio to present defence on defection suit

The Federal High Court in Abuja ruled on Monday that it would allow Senator Godswill Akpabio to present his personal defence on a suit seeking an order sacking him and 53 other members of the National Assembly accused of baseless defection from the political parties, which sponsored their elections in 2015, to another parties in 2018.

The presideing judge, Justice Okon Abang ordered on Monday that parties to the suit should return to court on Tuesday for re-adoption of the processes with regard to Akpabio’s defence.

Among other prominent members of the National Assembly targeted by the suit are the President of the Senate, Dr Bukola Saraki; and the Speaker of the House of Representatives, Yakubu Dogara, both of whom defected from the All Progressives Congress to the opposition Peoples Democratic Party, last year.

Justice Abang had heard the suit on April 30, 2019 with Mr Mahmud Magaji (SAN) representing Akpabio and 16 other senators. He adjourned the suit till May 17 for judgment.

Prof Joash Amupitan (SAN) represented the 37 members of the House of Representatives named as defendants at the April 30 proceedings, while Jibrin Okutepa (SAN) represented the plaintiff, the Legal Defence and Assistance Project.

Earlier on April 11, the day fixed for judgment in the suit, the court presided over by Justice Abang suspended its verdict following a plea by the 54 lawmakers who had failed to appear in court to defend the suit. They asked for time and permission to file their defence.

All the 54 lawyers were then being represented by Magaji.

Again, Akpabio, last week, after the April 30 proceedings, filed an application seeking the leave of court to be allowed to re-present his case through a lawyer of his choice.

Arguing through his lawyer, Mr Sunday Ameh (SAN), on Monday, Akpabio contended in his application that the suit was not personally served on him.

He added that the Clerk of the National Assembly on whom the suit was served did not draw his attention to the suit.

He also stated that the leadership of the National Assembly did not consult him on how to go about the defence in the suit.

He also insisted that his attention was not drawn to the suit by the Clerk of the National Assembly, neither was he personally served with the suit.

He added that he did not author the letter of engagement issued to Magaji to represent the 17 senators joined in the suit.

He also argued that the suit was not a class action, as such, he had the liberty of choosing a counsel to defend him.

Responding, the plaintiff’s lawyer, Mr Ede Uko, urged the court to reject the application on the grounds that it was meant to arrest the judgment again.

He argued that Apkabio was accorded the opportunity to be heard but failed to utilise it.

Ruling, Justice Abang upheld Akpabio’s lawyer’s submission to the effect that the suit was not a class action.

He, therefore, held that the senator was entitled to be heard before the delivery of judgment.

Justice Abang added that it was improper to shut the applicant out when he was not aware of the pendency of the case.

“Serving of originating processes on a person cannot be presumed, it cannot be waived”, the judge ruled.

The plaintiff in the suit marked FHC/ABJ/CS/996/2018 and filed on September 14, 2018, had prayed the court to compel the affected legislators to, not only vacate their seats in the National Assembly, but also refund all allowances and remuneration they received since their defection.

LEDAP equally prayed for an order compelling the Independent National Electoral Commission to conduct by-elections in the constituencies of the defecting lawmakers.

It is LEDAP’s contention that by Section 68 (1) (g) of the Constitution “any member of the National Assembly, who resigns from the political party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected, automatically loses his seat in the Assembly, unless saved by the exception under that section.”

LEDAP cited a Supreme Court’s decision in the case of Ifedayo Abegunde v. The Ondo State House of Assembly and argued that the only justification for members of the National Assembly to lawfully defect from their parties “lies in the existence of a division in their parties or a merger between their parties and others.”

Besides the 54 lawmakers, the plaintiff also listed the Attorney-General of the Federation, INEC, the Deputy Senate President and the Deputy Speaker of the House of Representatives as defendants.