VACATION OF SEAT: Idong Ituen Fights Back -Stops Execution Of Judgement, Goes On Appeal

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In a bid to change the tide of an earlier judgment against him, the member representing Itu State Constituency, Prince Idong Ituen whose seat at the Akwa Ibom state House of assembly was declared vacant Wednesday, has appealed the judgement.
Speaking to reporters in Uyo, Akwa Ibom State Capital, the lead counsel to the Lawmaker, Uyo-Obong Jumbo Udom Esq, of Jumbo Udom Chambers, noted that since it was just the Court of first instance that delivered the case, the lawmaker has a right of appeal and has decided to explore that right. The right he stated made it possible the lawmaker to immediately go instituting on appeal and stay of execution which has been filed.
It would be recalled that a Federal High Court sitting in Uyo, Wednesday, declared the seat of Prince Idong Ituen vacant in the Akwa Ibom State House of assembly for defecting from the Peoples Democratic Party to the All Progressives Congress.
In a related development, the Federal High Court also fixed today for judgement in separate suits challenging the defection of Sir Nse Ntuen who represents Essien Udim and Gabriel Toby who represents Ika/Etim Ekpo State Constituencies. Both members of the Akwa Ibom State House of Assembly recently defected from the Peoples Democratic Party to the All Progressives Congress.
It would be recalled that, Federal High Court sitting in Uyo, Wednesday, declared the seat of a lawmaker in Akwa Ibom State, Mr. Idongesit Ituen, who defected from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, vacant. The suit was filed by Mr. Ituen in September this year to pre-empt the Speaker of the state House of Assembly, Onofiok Luke, from declaring his seat vacant. Judicial symbol for justice Apart from the Speaker, other defendants in the suit were the PDP, the Independent National Electoral Commission, INEC, and the Commissioner of Police, Akwa Ibom State. The Speaker had filed a counterclaim, seeking for “a declaration that having defected from the PDP to APC before the expiration of the tenure of four years for which he was elected to serve, Ntuen has lost his seat in the Akwa Ibom State House of Assembly. He further requested “An order of court directing Ituen to vacate the Itu State Constituency seat in the state House of Assembly with immediate effect The prayers included “An order of court restraining the Speaker of Akwa Ibom State House of Assembly or any other person acting on his behalf (including the staff of the House of Assembly) from further recognizing Ituen as a member of the Akwa Ibom State House of Assembly. “An order of court directing INEC to immediately conduct a bye-election to fill the vacant seat of Itu State Constituency at the Akwa Ibom State House of Assembly.” The court presided over by F. O. Riman, dismissed the main suit and granted all the reliefs in the counterclaim. Mr. Ituen’s lawyer, Uyo-Obong Jumbo of Juris Advocates, said they were filing an appeal for a stay of execution of the judgment.

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