The lawmaker representing Kogi East Senatorial District, Sen. Atai Aidoko, on Wednesday said he would not vacate his seat because the ruling of the Federal High Court nullifying his election could not be enforced.
Aidoko made this known while addressing newsmen in Abuja.
Sen. Isaac Alfa had taken Aidoko to an Abuja Federal High Court, challenging his election in 2015.
The court recently delivered a judgment in favour of Alfa and directed the Clerk of the Senate to swear in Alfa.
Aidoko and Alfa are both members of the Peoples Democratic Party(PDP).
In the suit Alfa contended that he was the right candidate nominated by the party to contest the seat in the 2015 election.
However, Aidoko told newsmen that he had already appealed against the judgment.
He said he would not go into the technicalities of the matter to avoid contempt of court as the case was before the Court of Appeal.
He added that the ruling was faulty because it was not in the capacity of the Clerk as ordered by the court to administers oath of office.
“It is a common knowledge in law that once a notice of appeal is entered, every other thing will stay action.
“I have, therefore, appealed the judgment and motion for stay of execution entered at the Appeal Court. By this, no party ought to take any further action.
“If any institution should violate the law, not the parliament until the appeal is determined.
“Contrary to uninformed perspectives being bandied about, nobody in the Senate is doing the wrong thing.
“The Constitution does not allow the Senate President, Bukola Saraki, to do otherwise,” he said.