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    Akpabio Is Not Under Obligation To Resign For Re-run- Inibehe Effiong

    straightnewsng.comBy Updated:No Comments4 Mins Read
    Effiong, Akpabio
    Effiong, Akpabio

    Following the judgment of Appeal Court in Calabar ordering for re-run within 90 days in Akwa Ibom North West (Ikot Ekpene) Senatorial District, opinions are divided among legal and none experts on the purported resignation of Senator Godswill Akpabio as Minister of Niger Delta Affairs for the re-run.

    During the February 23 National Assembly Elections, Senator Godswill Akpabio, who is the candidate of the All Progressives Congress, APC, scored 76,917 votes against 114,973 garnered by his opponent, Senator Christopher Ekpenyong of Peoples Democratic Party, PDP.

    As a sitting minister in the Federal Republic of Nigeria who won the Appeal Court’s case on Saturday to square up against Senator Ekpenyong in the re-run, clouds of doubt surrounding his position in view of the forthcoming exercise have continued to generate legal fireworks.

    Recalled that Mr. Ini Emembong, the Peoples Democratic Party in Akwa Ibom State, PDP spokesperson in Akwa Ibom state, had told PREMIUM TIMES, Saturday evening, that the party expected the minister to resign.

    “And we are expecting Senator Akpabio’s resignation (as Minister of Niger Delta Affairs) so that he can come for the election,” he stated.

    Ememobong, a lawyer who later issued a statement, said the re-run would afford the PDP a chance to widen its victory margin against Mr Akpabio and the APC.

    However, Inibehe Effiong, a human rights lawyer in a telephone interview with Straightnews on Monday said “Akpabio is a minister. The judgment of the Court of Appeal does not affect him. A minister is not one of the public servants required to resign for election by the Constitution.

    “He is not under obligation to resign. Constitutionally, a minister is not deemed to be in the public service. There was a similar case like that involving a minister and the court held that the minister should not resign.”

    Also, Clifford Thomas believes that the constitution does not require the minister to resign for re-run.

    Thomas, a human rights lawyer, said “As a minister, Akpabio does not need to resign, after all; there is no constitutional provision for it.

    “Well, if there is a provision, it may be in the Electoral Act. Even then, I am not aware of such provision in the act,” he added.

    WHETHER  a MINISTER OF THE FEDERAL REPUBLIC OF NIGERIA MUST RESIGN BEFORE CONTESTING AN ELECTION!
    Read the cas of “ONI v. FAYEMI & ORS
    (2019) LPELR-46622(CA)
    QUALIFICATION/DISQUALIFICATION : Whether a Minister of the Federal Republic of Nigeria is an employee in the Public Service who must resign before contesting an election
    PRINCIPLE
    “It is noteworthy to restate that the post of Minister is a political office, whose appointment is at the pleasure of the President of the Federal Republic of Nigeria, hence not a person in the Public Service of the Federation.
     The cumulative interpretation of Section 182(1)(g) and Section 318(1) of the 1999 Constitution (as altered), is to the effect that the term public officer should only relate to the holder of offices/reflected in Section 318 being employees whose appointments enjoy statutory flavour because it is only them that have conditions of service and or letters of appointment stipulating how many years they are to spend in service, at what age they should retire, number of months to be given as notice etc.
    Hence even though a Civil Servant is a Public Servant, it is not every public servant that is a civil servant.
    A Minister is therefore not a public officer who should resign his position before contesting in an election within the contemplation of the aforementioned section of the Constitution.
    See Orji Vs Ugochukwu (2009) 14 NWLR (part 1161) 207 at 293, Dada vs Adeyeye (2005 6 NWLR (part 920) 1 at 19-20, Asogwa Vs Chukwu (2003) 4 NWLR (part 811) 540 at 546, Gov. Ebonyi State vs Isuama (2004) 6 NWLR (part 870) 511 at 528, Ojukwu v Yar’adua (2008) 4 NWLR (part 1078) 435.” Per JAURO, J.C.A. (Pp. 39-40, Paras. A-A)”

     

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