PDP Asks Court To Remove Amaechi, Kwankwaso, Others
The battle to unseat the five People’s Democratic Party (PDP) governors
that defected to the All Progressives Congress, APC, has shifted to the
court as the leadership of the party has approached the Federal High
Court, Abuja, seeking among others, an order directing the Houses of
Assembly in the governors’ states to commence the process of impeaching them.
The defected governors are – Murtala Nyako (Adamawa), Rotimi Amaechi
(Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai
Ahmed (Kwara).
The Independent National Electoral Commission (INEC) was joined as a
defendant alongside the governors in the suit filed on behalf of the PDP
by Alex Izinyon, SAN.
The party cited Sections 177 (c), 221 and 222 (c) of the Constitution as
grounds to remove the governors, saying that as a result of their
defection, they have forfeited their offices since they were first
elected on the platform of PDP, thus, their seats have reverted to the
party.
The PDP presented five questions for the court’s determination and prayed for six reliefs.
The reliefs include an order mandating or directing the State Houses
of Assembly of Adamawa, Rivers, Sokoto, Kano and Kwara States to
commence impeachment proceedings against the 2nd – 6th defendants (the
governors) forthwith.
Other reliefs are listed as follows:
* A declaration that by the combined provisions of section 177 (c),
221 and 222 (c) of the Constitution of the Federal Republic of Nigeria
1999 (as amended) the 2nd – 6th defendants who were elected under the
platform of the plaintiff cannot continue to enjoy the mandate given to
the plaintiff by the people / electorate of the respective states as the
2nd – 6th defendants have defected to the APC.
* A declaration that in the absence of any division known and
recognized by law in the Plaintiff, the 2nd – 6th defendants who were
elected under the plaintiff’s platform have vacated or forfeited their
seats forthwith upon their defection to APC.
* A declaration that having combined provisions of section 87 of the
Electoral Act 2011 (as amended), section 177 (c), 221 and 222 (c) of the
Constitution of the Federal Republic of Nigeria 1999 (as amended) the
2nd – 6th Defendants defection from the Plaintiff the APC, the offices
of the 2nd – 6th defendants have reverted to the plaintiff.
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