It is likely that the same Federal High Court in Abuja, which earlier this sacked two federal lawmakers in the House of Representatives from Cross River State, will in similar manner, deliver judgement in suit number ABJ/CS/975/2021 against Cross River State Governor, Prof. Ben Ayade on Friday, March 25, 2022.
The two federal legislators include Mike Etaba and Legor Idagbo. The 18 lawmakers of the Cross River State House of Assembly, including the Speaker, Eteng Williams, his deputy Joseph Bassey, among others were also sacked.
The crux of the matter is the governor’s decision on May 20, 2021, to defect to the national ruling party, the All Progressives Congress, APC, from the Peoples Democratic Party, PDP, the platform he won electoral victory in 2015 and 2019 as governor of the state.
Justice Taiwo Taiwo of the Abuja Federal High Court, had in a judgement in suit no: ABJ/FHC/CS/976/21, held that the defendants had intentions to mislead the court. He said he found gaps and loopholes in their defence as they tried to twist events to suit their own narratives.
“I consider the attempts of the defendants to justify their defection, feeble in the circumstances of this case,” the court held.
Taiwo said that the public voted for the lawmakers through the plaintiff (PDP) who sponsored them and they were not voted for as independent candidates but as members of the PDP.
“They had a vehicle which conveyed them and that vehicle belongs to the plaintiff. They cannot abandon the vehicle,” it held.
The judge illustrated that they committed an unforgivable offence against the people.
Justice Taiwo said politicians treat citizens that elected them into power as if they do not matter once they assume office.
To show the seriousness of the judgment, he added that “A day will come when elected officers must resign their post if they migrate to another party or seek the permission of the people before they decamp.”
It is based on this that anxiety and great tension is high over the belief that the learned judge, Taiwo Taiwo shall equally rule against Mr Ayade and Ivara Esu, who were the prime motivators of the defection.
However, Chairman of APC in the State, Alphonsus Ogar Eba does not look concerned by the upcoming judgment against his governor.
While reacting to the judgment which ordered the 20 lawmakers to vacate their seats, he told his supporters to be calm and told journalists that it was not something they should be too agitated about.
In a statement released by the party’s Publicity Secretary, Erasmus Ekpang, Eba revealed that the appellate court will do everything in their power to settle the matter as they will, of course, appeal it.
“The Federal High Court judgment that was given against our lawmakers is nothing to worry about.
“We trust that the appellate court will do justice as we file our appeal,” he said.
Also, the Chief Press Secretary to the governor, Christian Ita, in a statement, disclosed that their counsel, Mike Ozekhome has applied to the Federal High Court for stay of execution of Justice Taiwo’s judgment. The APC will certainly apply for such favour from the court in case Friday’s judgment doesn’t go their way.
However, aides to the governor, civil and public servants in the governor’s office are afraid that the final judgment might not be In their favour and are expressing serious concerns.
Some people have disclosed that they will not go to work on the said Friday when the judgment would be delivered.
Pundits are already saying that the judiciary are only showing their muscles just for the records, so the public would see them as being alive and doing their job.
Mr Effiwat Anselem, a community leader in Calabar spoke over a radio programme.
He expressed his worries over the fact that the judiciary will only bark but will not be able to bite.
“The judgments from Ebonyi State to Cross River State will appear more like academic exercises by the judges. These governors have just one more year to hand over. Knowing the snail speed of our legal system and possibility of compromise, it is doubtful that the sacking of the legislators and possibly Governor Ayade can be efficiently effected,” he said.
A public affairs analyst, Ekeng Bassey advised that the judiciary should prove itself that they are capable of anything, so that ordinary citizens can have complete trust in them.
Bassey said the defendants will try to drag the court processes up to the Supreme Court to ensure they spend the remainder of their tenure in office.
Speaking about the enforcement of the judgment of yesterday and the upcoming one, chairman of the PDP in the state, Vena Ikem disclosed that they will do all that is legally possible to ensure that the judgment is enforced to the letter.
He revealed that, to show their desperation to lay hold of the votes the people wholeheartedly gave their party, they have started searching for the replacements of the 20 lawmakers, as well as replacements for Ayade and his deputy.
Ikem emphasized on the fact that Taiwo’s judgment remained a well deserved victory for all that is good, and extremely pleasant.
He said, “We will enforce the judgment in accordance with extant due processes. It’s not rocket science to enforce a judgment of the courts. That’s the least of our concerns right now.”
Ikem stressed that Ayade had used power and force to commandeer their party Secretariat in Calabar, and by unlawful means gave their votes to another party.
“We have cases in courts. We are going to use legal means to retrieve them all. We are determined. Nothing will stop us from reclaiming our mandate. We are fighters,” he vowed.