by Dolapo Adelana

Senator Bassey Akpan of the Peoples Democratic Party, PDP, representing Akwa Ibom North has lost his bid for a stay of execution.

The Federal High Court, Uyo, on Friday struck out the application filed by Akpan to stay the execution of its February 27 judgment, which was in favour of Bassey Etim, also of the PDP.

The judge, Justice Fatun Riman, said his court had no jurisdiction to entertain the matter since there was an appeal on his judgment of February 27.

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The judge struck out the case and awarded N50,000 cost in favour of Etim, the defendant.

On February 27, the court had ordered the Independent National Electoral Commission (INEC) to immediately issue a certificate of return to Etim.

According to the court, the primary that produced Akpan as the PDP flag bearer was faulty.

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He said the application was brought by the appellant, PDP and Akpan.Speaking to journalists after the judgment, counsel to the defendant, Taiwo Abe, described the judgment as excellent.

“The record shows that the appellant had already filed an appeal at the Court of Appeal, Calabar.

“His Lordship said that only the Court of Appeal can entertain stay of execution, since the case had been transmitted from the Federal High Court, Uyo, to Court of Appeal, Calabar, since March 10, 2017.

“I made the application that the court should strike out the case and award me a cost, the judge today has agreed with me and even granted cost of N50, 000.’’

Also speaking, counsel to Akpan, Godswill Umoh, said that he was satisfied with the judgment.

“Actually, that is the rule of practice, since we have filed an appeal before the Court of Appeal; the lower court cannot adjudicate on the same matter.

“Earnestly, the rule of practice is we withdraw the case, which I did.”

Akpan will remain a senator until the Court of Appeal, or eventually the Supreme Court, rules on the matter.