Although the senator was recently convicted and jailed for corruption, the declaration of his seat vacant by the court has nothing to do with that.
The court declared his seat vacant and ordered the Independent National Electoral Commission to conduct a bye-election to fill it within 14 days, counting from 20 January when the judgement was delivered.
Ms Aminu said Mr Akpan, a two-term senator, failed in his obligation to prove that his defection from PDP was necessitated by serious rancour and steep differences in the ranks of the party. He was among federal lawmakers who switched parties in the aftermath of last year’s primary elections across parties.
But Mr Akpan argued that the PDP lacked the right to file the suit as it was not listed among the authorities with powers to enforce section 68 of the constitution to declare his seat vacant. An affidavit deposed on behalf of Mr Lawan had said he had yet to receive formal communication from Mr Akpan about his defection. The claim is contradicted by the wide reportage given to the Senate President’s reading of the senator’s defection letter on the floor of the Senate on 20 July 2022.
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