By
Bassey Willie
Judges
of the Court of Appeal sitting in Calabar had fixed the resumed hearing and
judgement on the appeal filed by embattled Senator Bassey Albert Akpan for
Thursday September 28, 2017, few weeks from the original date of October 11,
2017, which the matter was earlier adjourned to last June.
The
learned Judges decided to entertain the matter on the new date based on
discretion and their avowed commitment to ensure that the PDP pre- election
matter for Akwa Ibom North East Senatorial District, which was determined
earlier in the year at the Federal High Court, Uyo in favour of Rt.Hon. Bassey
Etim is given an accelerated hearing.
Before
the new hearing date of September 28, 2017, the third respondent in the matter,
the Peoples Democratic Party, PDP had filed a notice of withdrawal from the
matter, because the case involved two prominent members of the party, Rt. Hon.
Bassey Etim and Mr Bassey Albert, and also in the spirit reconciliatory move by
the National Caretaker Committee of the party to settle all the aggrieved
members. The withdrawal application was filed by the national legal adviser of
PDP on behalf of the party.
Accordingly,
upon filing the notice of withdrawal by the PDP in the appeal filed by the
embattled Senator, Mr Bassey Albert Akpan to challenge his sacked by the
Federal High Court, all the parties involved in the matter were supposed to be
served with the notice of withdrawal from the appeal by the PDP, which the
Court sent their bailiff to discharge his statutory function, but
unfortunately, the Independent Electoral Commission, INEC in Akwa Ibom State
refused the service, directing the bailiff to the national headquarters in
Abuja.
Mistakenly,
the bailiff forgot to notified the Court before the fixed hearing date that
INEC in Akwa Ibom State, being the jurisdiction that the PDP primary election
in contest took place had refused service, so when the matter came up at the
Appeal Court, the argument cropped in, that INEC were not served, and that
prompted the learned Judges to adjourned the matter to October 11, 2017 being
the original date the matter was fixed last June.
The
Court bailiff was empowered to use any alternative means to served INEC the
PDP’s notice of withdrawal if they continue to refuse service. Though some
criminal elements out of ignorance have continue to celebrate the adjournment
of the case to October, as if that day will not come, but without pre-empting
the informed decision of the learned Judges of the Appeal Court, what will be
will be, and justice will be done in favour of Rt. Hon. Bassey Etim, the
original winner of the December 7, 2014 PDP primaries in Akwa Ibom North East
Senatorial District and the judiciary confirmed Senator.
Precedence
abound from High Court to the Supreme Court, once the letter of withdrawal is
filed in Court, it cannot be withdrawn, Supreme Court has decided on such cases
before, so the forged letter of withdrawing the appeal earlier filed by PDP to
withdraw from the matter, knowing that Mr Bassey Albert Akpan has never aspired
or bought nomination form to be senator, and is appeal against the judgement
that sacked him is not but effort in futility.
So
while we await the informed decision of the Judges at the Court of Appeal,
Calabar on October 11, 2017, I implore all supporters of the authentic Senator
for Akwa Ibom North East Senatorial District, Rt. Hon. Bassey Etim to remained
calm, because God who has started the good work right from campaign days to the
litigation is faithful and able to complete it for us. Let no amount of
fabrication, blackmail, lies and distortion of facts confuse us, success is
assured.
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