The Supreme
Court yesterday ordered the Independent National Electoral Commission (INEC) to
delineate wards in Bakassi Council of Cross River State so as to give the
people a sense of belonging.
Delivering
judgment on an appeal brought by the INEC against representatives of Bakassi
Council, who were displaced from Cameroun, the apex court held that the people
of Bakassi have suffered enough and as such, there was the need for INEC to
assuage their plight by delineating constituencies in the council.
Respondents
in the appeal – Muri Asuquo, Antigha Cobham, Bassey Ekpenyong Etim and Effiong
Iyam, had instituted a case at the lower court on behalf of Ikanga, Esighi,
Antigha Ene Eyo and Edihi Idim Ikot Eyi clans of Bakassi.
In their
argument, they urged the Supreme Court to uphold the February 2012 judgments of
a Federal High Court and Court of Appeal, which were in their favour and
dismiss the appeal filed by INEC.
The people
had gone to court to compel INEC to recognise and conduct elections in the
boundaries adjusted by the Cross River State House of Assembly in line with Law
No. 7 of Cross River State 2007.
Earlier, the
lower court had in its verdict, ordered INEC to conduct elections in 10 new
wards in Bakassi that were created from the former three Ikanga Wards in
Akpabuyo Local Council of the state.
In the lead
judgment prepared and delivered by Justice John Inyang Okoro of the apex court
yesterday, the court insisted that INEC should take steps to ensure that the
constituencies were created.
The Court
also held that the state House of Assembly has powers to make laws for boundary
adjustment in the state, adding that it was a validly made law and nobody could
challenge it.
“The House
did not create constituency, it only adjusted boundary of Akpabuyo Council to
accommodate Bakassi. INEC should do the needful because the people of Bakassi
have suffered enough. They should have a sense of belonging”, Justice Okoro
held.
Earlier in
their argument, the respondents (Bakassi representatives) submitted that the
state Assembly had powers, having enacted Law No 7 as a legal compass to locate
Ikanga North, Ikanga Central and Ikanga South as wards in Bakassi in view of
the current realities on ground occasioned by the cession of Bakassi to
Cameroun.
The court
held that INEC ought to have effected a consequential amendment in its
directory of wards and constituencies in Cross River.
Reacting to
the judgment, the state Commissioner for Transport, Nyong Saviour Okon,
expressed delight at the apex court’s ruling.
“On behalf
of the Cross River State government, we received the judgment with delight. As
a law-abiding people, we will go with the dictates of the judgment. We will try
to get INEC to do the needful,” he said.
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