Akpan filed the suit for the court to stay execution of its Feb. 27 judgment, which was in favour of Mr Bassey Etim.
The Federal High Court, Uyo, on Friday struck out the application for stay of execution filed by Sen. Bassey Akpan, of the Peoples Democratic Party (PDP) representing Akwa Ibom North.
Akpan filed the suit for the court to stay execution of its Feb. 27 judgment, which was in favour of Mr Bassey Etim, also of the PDP.
The judge, Justice Fatun Riman, said that since there was an appeal on his judgment of Feb. 27, his court has no jurisdiction to entertain the same matter.
The judge, therefore, struck out the case and awarded N50,000 cost in favour of the plaintiff, Mr Bassey Etim, the defendant.
The court in the Feb.27, judgment had ordered the Independent National Electoral Commission (INEC) to immediately issue certificate of return to Etim.
The court faulted the primary that produced Akpan as the flag bearer of the PDP.
Speaking to newsmen after the judgment, counsel to the defendant, Mr Taiwo Abe, described the judgment as excellent.
He said that the application was brought by the appellant, PDP and Akpan.
“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 Sen. Akpan, Mr 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.”