The Peoples Democratic Party has filed a fresh
suit seeking an order compelling the Speaker
of the House of Representatives, Mr. Aminu
Tambuwal, to declare himself as no longer fit
to represent the Kebbe/Tambuwal Federal
Constituency.
The suit is filed while the one instituted by
Tambuwal seeking to stop his removal and
declaration of his seat vacant on the account
of his defection from the PDP to the All
Progressives Congress is pending.
Tambuwal's suit comes up for hearing on
December 3.
Justice Ahmed Mohammed on Monday
granted an ex parte application seeking leave
by the PDP to commence its suit against
Tambuwal.
The office of the Speaker of the House of
Representatives; Tambuwal himself; and the
Deputy Speaker, Mr. Emeka Ihedioha, are the
respondents in the suit.
The court after granting the leave also
ordered the plaintiff to put all the
respondents on notice.
The court also directed that the court order
and the motion on notice to be filed by the
plaintiff should be served on the three
respondents.
The PDP, in its fresh suit, maintained that by
virtue of section 68(1)(g) of the Constitution,
Tambuwal's defection from the party, which
sponsored his election to the House of
Representatives, amounted to losing his seat.
The plaintiff contended that under section
68(2) of the Constitution, it was mandatory
for Tambuwal, as Speaker of the House of
Representatives, to declare as vacant the
Kebbe/Tambuwal seat, whose occupant had
defected from the party which sponsored him
to the House.
They are also seeking an alternative order
compelling the Deputy Speaker to declare the
seat vacant in the event that Tambuwal fails
to do so. The prayers being sought by the PDP
in its suit filed on November 24 and marked,
FHC/ABJ/CS/901/2014, read, "An order of
mandamus compelling the 1st respondent
(office of the Speaker) to give effect to the
provisions of section 68(1) (g) of the
Constitution of the Federal Republic of
Nigeria 1999 (as amended) by declaring the
Kebbe/Tambuwal Federal Constituency seat
vacant.
"An order of injunction restraining the 2nd
respondent (Tambuwal) from performing or
continuing to perform the function of the 1st
respondent in the House of Representatives
or sitting or continuing to sit in the House of
Representatives as a member.
"In the alternative, an order of court
compelling the 3rd respondent (Deputy
Speaker, Ihedioha) to declare the Kebbe/
Tambuwal seat vacant by an order of
mandamus in terms of relief (a) supra."
While moving the ex parte application
seeking the court's leave to commence the
suit on Monday, the PDP's lawyer, Chief Mike
Ahamba (SAN), said section 68(1) (g) of the
Constitution was not "self-implementing."
But he added that the provisions must be
given its effect by virtue of provision of
section 62(2) of the Constitution by
compelling Tambuwal to declare the Kebbe/
Tambuwal seat vacant.
The matter was adjourned till December 12.
Meanwhile, Tambuwal has petitioned the
Chief Judge of the Federal High Court,
seeking protection in a fresh suit filed against
him by a member of the House, Mr. Abidun
Akinlade.
The suit, NO. FHC/ABJ/CS/871/2014, has
Tambuwal, the Independent National
Electoral Commission and the Federal
Government, as respondents.
According to Tambuwal, the suit was
assigned to Justice E.S.J. Chukwu of Court 8.
In the suit, Akinlade, a member of the Peoples
Democratic Party in Ogun State, is seeking a
"judicial interpretation" of an earlier
judgment of the same court, where it held
that there was no division in the PDP.
The aim of the fresh suit is to justify the PDP's
stance that the defection of Tambuwal from
the PDP to the All Progressives Congress on
October 28, was "illegal" and in breach of
Section 68(1)(g) of the 1999 Constitution (as
amended).
But in Tambuwal's petition, dated November
30, he said he had no confidence in Chukwu
to treat the case without "bias", having given
a judgment in 2013 that there was no
division in the PDP.
He observed that Chukwu's judgment had
been relied upon for subsequent decisions on
defections, such as the one by Justice A.F.A.
Ademola of the same Federal High Court, who
also declared the December 2013 defection of
37 PDP lawmakers to the APC as illegal.
The speaker appealed to the chief judge to re-
assign Akinlade's case to another judge in the
spirit of fairness.
Tambuwal, who is a lawyer by training, noted
that the new case was like asking Chukwu to
"sit on appeal over his own judgment."
The speaker added that Ademola's judgment
too had elicited "four" appeals still pending at
the Court of Appeal, Abuja Division.
Similarly, the speaker said five other cases
filed by "various parties" relating to the same
issue of defection were before the Federal
High Court in Abuja awaiting disposal.
Tambuwal prayed further, "My Lord, my
apprehension is particularly in respect of the
presiding Judge, Justice Chukwu, ESJ, having
made a pronouncement on similar issues, in
similar cases, decided by him, clearly shows
that he has an iron-cast judicial position or
opinion in respect of Suit No. FHC/ABJ/
CS/871/2014, concerning me sir, which has
just been assigned to him."
Meanwhile, there were doubts on Monday
(yesterday) whether the December 3
(tomorrow) scheduled resumption of the
House would be a reality.
Findings showed that both the PDP and the
main opposition APC members of the House
would be preoccupied with the primaries of
their respective parties, taking place between
December 6 and 8.
Posted By David Aniemeka
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