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Order INEC to Refill Senator Akwashiki’s Vacant Seat, Lawyer Tells Court
An Abuja Based Lawyer, Iliya Ibn Aliyu, yesterday asked the Federal High Court sitting in Lafia to issue an order directing the Independent National Electoral Commission (INEC) to conduct fresh election in Nasarawa North Senatorial District to refill the vacant seat of Senator Godiya Akwashiki.
Akwashiki, who is representing Nasarawa South Senatorial Zone, was elected to the National Assembly in 2019 on the platform of the All Progressives Congress (APC), however, he defected to the Social Democratic Party (SDP) shortly after losing at the APC primary election.
The lawyer, therefore, sought the court to direct INEC to declare Senator Akwashiki’s seat vacant and conduct a fresh election.
In an originating summons, order 3 rule 9 and order 9 rule 16 of the Federal High Court Civil Procedure Rules, 2019, filed on September 20, 2022, Aliyu prayed the court to issue an order directing INEC to conduct fresh election in Nasarawa North Senatorial District to refill the vacant seat of Senator Akwashiki for the “unexpired constitutional terms of office.”
The Abuja based lawyer also prayed the court to issue an order directing the senator to refund to the Senate of the Federal Republic of Nigeria all the salaries, emoluments, constituency allowances and other allowances paid to him from June 24, 2022, until the date of vacating his Senate’s seat as may be directed by the order of the court in the circumstances of this suit.”
Aliyu, who is the applicant/counsel in the suit, further prayed the court to issue an order directing the Nigeria Police Force to arrest Senator Akwashiki forthwith and prosecute him for illegally attending and/or participating in the Senate business activities and continue to parade himself as the senator representing Nasarawa North Senatorial District.
The lawyer, who cited section 68 (1) (g) of the Federal Republic of Nigeria as amended, said that Akwashiki lost his seat in the Senate the moment he left APC, the political party on whose platform he was elected to the National Assembly, to another party, the SDP.
After hearing the suit filed by the Abuja based lawyer, the Presiding Judge, Justice Nehizena I. Afolabi, however, adjoined the matter for continuation of hearing to December 8, 2022.
