The Federal High Court sitting in Abuja has ruled that former Senate Minority Leader, Sen. Godswill Akpabio can join any party of his choice.
Justice Okon Abang gave the ruling Friday on a case instituted by an advocacy group, Legal Defence Assistance Project, LEDAP, seeking the removal of Akpabio and 53 other members of the National Assembly who defected from one political party to another in 2018.
LEDAP had instituted the case against the lawmakers and asked the court to declare their seats vacant.
LEDAP argued that there was no division in their parties that should warrant their defection as they claimed.
Akpabio had told the court that he joined the All Progressives Congress, APC, because the leadership of the Peoples Democratic Party, PDP, expelled him from the party.
Abang in his ruling held that Akpabio neither decamped nor defected to the APC with the facts placed before the court.
He said that the Senator only joined the APC on August 3, 2018, based on his freedom of association as envisaged by the law.
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Abang ruled that having been expelled by his former party, Akpabio has the constitutional right to join any political party of his choice.
Abang said that the fact that the Senator was expelled from the opposition party showed there was no division in APC, stating that the plaintiff ought not to have joined him in the suit for his seat to be declared vacant.
The judge added that the matter was subjudice because there was a case concerning Akpabio before a court, adding that joining him in the suit amounted to an abuse of court process and as such, the claim as it affected him ought to be dismissed.
Abang said at the time the lawmaker joined APC, he was no longer a member of the opposition party, having been expelled by the PDP and was entitled to joining any party without losing his seat.
The judge said that he agreed with Akpabio that the violation of the law was in good fate, adding that declaring his seat vacant amounted to punishing him for exercising his right to association.
