The Cross River state government says it filed an appeal
against a federal high court judgment which sacked 20 lawmakers for defecting
to the All Progressive Congress.
The Peoples Democratic Party (PDP) had instituted a suit
against the lawmakers over their defection to the APC.
The judgment in the suit marked FHC/ABJ/CS/975/2021 was
delivered on Monday.
Ruling on the case, Taiwo Taiwo, the judge, held that the
lawmakers should vacate their seats, having abandoned the political party that
sponsored them to power.
The affected lawmakers are Michael Etaba (house of
representatives), Legor Idagbor (house of representatives), Eteng Jonah
William, Joseph A. Bassey, Odey Peter Agbe, Okon E. Ephraim, Regina L. Anyogo,
Matthew S. Olory, Ekpo Ekpo Bassey, Ogbor Ogbor Udop and Ekpe Charles Okon.
Others are Hillary Ekpang Bisong, Francis B. Asuquo, Elvert
Ayambem, Davis Etta, Sunday U. Achunekan, Cynthia Nkasi, Edward Ajang, Chris
Nja-Mbu Ogar and Maria Akwaji.
In a statement on Tuesday, Christian Ita, special adviser on
media and publicity to the governor, asked the affected lawmakers to go about
their duties, adding that the judgment has been appealed and an application has
been filed for stay of execution.
“This is to inform
APC members of the national assembly from Cross River state, members of the
Cross River state house of assembly and the general public that an appeal
against the judgement of the federal high court, Abuja has been filed at the
court of appeal, Abuja,” he said.
“Also, a motion for a stay of execution of the federal high
court has been filed.
“Both processes were filed by renowned constitutional lawyer
and senior advocate of Nigeria (SAN), chief Mike Ozekhome.
“Following the filing of the two processes, automatically
the orders of the lower court are stayed.
“Consequently, the APC
members in both the national assembly and the Cross River state house of
assembly should go about their duties freely.”
In the application for stay of execution, Ozekhome noted
that “the notice and grounds of appeal raise serious, arguable and recondite
points of law before the appellate court with a great chance of success at the
hearing of the appeal”.
“The honourable court has the power and jurisdiction to
grant the instant application to preserve the res or subject matter of the
pending appeal,” he said.
He prayed the court to grant the application in the interest
of justice.
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