FG To Tambuwal: You Are No Longer A Member of The House of Reps
In a swift response to the suit filed by Aminu Tambuwal, the Federal
Government has on Wednesday, November 5 2014 filed a Counter Affidavit and
Written Address.
In the written arguments filed by FG’s legal team, Dr Fabian Ajogwu SAN and
Mr Ade Okeaya-Inneh SAN
on
Wednesday, November 5, 2014, the Federal Government is asking the Court to
first determine the status of Tambuwal who voluntarily vacated his
membership seat of the House of Representatives. They are asking the Court
to determine if indeed Tambuwal was still a member of the House and if
vacated his membership seat, he could still be talking of being the Speaker.
They also argue that this is a case that should be determined on its merits
and not by interlocutory injunction on reliefs that are essentially the
substance of the case.
Citing Section 215 (5) of the 1999 Constitution as amended, the Federal
Government through its Counsel asked the Court to turn down Tambuwal’s
prayer for a mandatory injunction on the IGP to restore
Tambuwal’s security detail as the Courts constitutionally lack the powers to
do so. It is also the Federal Government’s contention that the issue of
security details is neither a constitutional nor statutory right but a mere
privilege, at the discretion of the IGP.
On Tambuwal’s prayer for an Order restraining the House of Representatives
from removing him, Learned Counsel to the Federal Government argued that
such a relief was not grantable as an Injunction cannot be sought and
granted for a completed act. Citing the Supreme Court in
Alegbe V. Oloyo, the FG contends that by defecting from the PDP to
the APC, Tambuwal had already automatically vacated his seat and therefore,
there was no need for anyone to do anything more as there was nothing to
impeach or remove. They urge the Court to determine the matter on the merits
since Tambuwal’s transformation from a Speaker to a non-member of the House
had become the main issue to be determined by the Court.
The Court had adjourned the matter to Friday, November 7, 2014 after
declining Tambuwal’s application for exparte injunction but ordering that
the status quo be maintained at least until Friday Nov 7.
No comments