Akpabio Is Free To Join Any Political Party, Says Court – TheNigerialawyer

The Federal High Court in Abuja has held that former Senate
Minority Leader, Senator Godswill Akpabio, can move from one party
to another.

Justice Okon Abang stated this on Friday while ruling on a case
seeking the removal of Senator Akpabio and 53 other members of the
National Assembly who defected from one political party to another
in 2018.

An advocacy group, Legal Aides Assistant Project (LEDAP), had
instituted the case against the lawmakers and asked the court to
declare their seats vacant, noting that there was no division in
their parties as claimed.

But Senator Akpabio told the court that he joined the All
Progressives Congress (APC) was because he was expelled from the
Peoples Democratic Party (PDP).

In his ruling, Justice Abang agreed with the lawmaker that he
neither decamped nor defected to the APC with the facts placed
before the court.

According to him, Senator Akpabio only moved or joined the
ruling party on August 3, 2018, and this is based on his freedom of
association as envisaged by the law.

The judge held that having been expelled by the PDP, the
defendant has the constitutional right to join any political party
of his choice.

He added that the fact that he was expelled from the opposition
party showed there was no division in APC, stating that the
plaintiff ought not to have joined him in the suit for his seat to
be declared vacant.

Beyond this, Justice Abang said the matter was sub judice
because there was a case concerning Senator Akpabio before a
court.

He noted that joining him in the suit amounted to an abuse of
court process and as such, the claim as affects him ought to be
dismissed.

The judge said at the time the lawmaker joined APC, he was no
longer a member of a political party having been expelled by the
PDP and was entitled to joining any party without losing his
seat.

He ruled that he agreed with Senator Akapbio that the violation
of the law was in good fate, adding that declaring his seat vacant
amounted to punishing him for exercising his right to
association.

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