Following a fresh suit filed by Senator Attai Aidoko after Supreme Court upheld his election as the authentic person to represent Kogi east in the senate, Air vice Marshal Isaac Mohammed Alfa (rtd) has asked Senate President, Bukola Saraki and clerk of the National Assembly, Alhaji Mohammed Ataba Sani-Omolori to swear him in without further delay.
In the letters dated February 13, 2019 written on his behalf by his lawyer, Barr Egwuaba Reuben and addressed separately to Saraki and Sani-Omolori, Air Marshal Alfa said the fresh suit was just a ploy to keep Aidoko in the senate at all cost.
Alfa said that it is trite in legal parlance that there must be an end to litigation, adding that the Supreme Court judgement of January 23, 2019 which struck out Aidoko’s appeal against Court of Appeal verdict validating the Federal High Court judgement marked the end of the dispute as to authentic person to represent Kogi east in the senate.
According to Reuben, the fresh suit filed by P.I.N.Ikwueto (SAN) on behalf of Aidoko asking the Federal High Court to interpret Court of Appeal or Supreme Court is sheer mischief which no judge shall dare entertain.
‘’The public interest demands an end to the litigation of the same issue. Therefore, there is no basis to embark on another frivolous judicial expedition to use as an excuse to delay swearing in of Air Marshal Alfa.
Reuben further said, ‘’the decision to keep Senator Aidoko on Senator Alfa’s seat in the senate was based on the misconception that Section 143(1 &2) of the Electoral Act 2010 as amended applies to the case in question. It does not.
‘’In Barr Oker Jev (SC 164/2012), the Supreme Court declared that Section 143(1 &2) of the Electoral Act 2010 as amended does not apply to pre-election matter. This case is a pre-election matter. Therefore, that provision has been mis-applied to keep Senator Aidoko in the senate is wrong.
‘’We hope that these explanations will remove any doubt on the need to immediately swear in Air Marshal Alfa’’.
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